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Dolan v. New Hyde Park Fire Dist.

Jury Awards Not Disturbed; Rational Jury Could Find Commissioner Acted Maliciously

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MEMORANDUM AND ORDER

*1  Plaintiffs Michael Dolan, Sr. (“Dolan Sr.”) and Michael Dolan, Jr. (“Dolan Jr.,” and, together with Dolan Sr., “plaintiffs”) brought this action against the County of Nassau (the “County”), Detective James P. Gilroy (“Detective Gilroy”), and Detective Thomas Walker (“Detective Walker”), as well as the New Hyde Park Fire District (the “District”), Commissioner Richard Stein (“Commissioner Stein”), Commissioner John DiVello (“Commissioner DiVello”), Commissioner Michael Bonura (“Commissioner Bonura”), Commissioner John Brown (“Commissioner Brown”), Commissioner John Waldron (“Commissioner Waldron”), and Robert Von Werne (together, “defendants”). The amended complaint asserted violations of 42 U.S.C. §1983 and New York state law based upon alleged First Amendment violations, abuse of process, malicious prosecution, and false arrest/false imprisonment.1A jury trial on plaintiffs’ claims took place from March 9, 2017 through March 28, 2017. The jury returned a verdict in favor of plaintiffs on their claims for malicious prosecution and abuse of process against the District and Commissioners Stein, DiVello, Bonura, and Brown. The jury awarded Dolan Sr. $150,000 in

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