MEMORANDUM AND ORDER At the conclusion of a four-day trial, a jury rejected plaintiff Shaun Young’s claims that New York Police Department (“NYPD”) officers Keith DiPresso, Shawn Johnston, and Eric Cabrera used excessive force against him, and plaintiff’s claim that NYPD Sergeant Neil Casey failed to intervene in that conduct. See Judgment (Dkt. #88); Verdict Sheet (Dkt. #90). Plaintiff now moves for a new trial pursuant to Federal Rule of Civil Procedure 59(a). See Pl.’s Mot. for a New Trial (Dkt. #94-1) (“New Trial Mot.”). As explained below, the motion is denied. BACKGROUND A. Factual Background In the early morning of May 23, 2015, a man named Roland Chateau was robbed at knifepoint in front of a store in Rockaway Beach, Queens. See Tr. of Jury Trial on June 10, 2022, at 378-80 (“6/10/22 Tr.”). Mr. Chateau called the police. See id. at 380-81. When defendant Officers DiPresso and Johnston arrived, Mr. Chateau indicated that the assailant had fled in the direction of a nearby housing complex. See Tr. of Jury Trial on June 9, 2022, at 330-32 (“6/9/22 Tr.”). After accompanying the officers to the complex in their police vehicle, Mr. Chateau spotted plaintiff Shaun Young and identified him as the robber. See id. at 333-34. Officers DiPresso and Johnston approached plaintiff. Officer Cabrera and Sergeant Casey arrived at the scene shortly thereafter. See 6/10/22 Tr. 489-90. The trial in this case concerned what happened next. Defendants claimed they approached plaintiff, identified themselves as police officers, and informed plaintiff that he was under arrest. See id. at 455-56. But defendants say that when they asked plaintiff to put his hands behind his back, he refused, so Officers DiPresso and Johnston grabbed his arms. Plaintiff then tried to break free, so those two officers, along with Officer Cabrera — who had by then arrived on the scene — wrestled plaintiff to the ground. See id. at 456-57. At that point, Officer Cabrera held down plaintiff’s legs as the other two officers handcuffed plaintiff. See id. at 494-95. The officers then searched plaintiff and found a pocket knife and a couple of dollars. See id. at 460. Plaintiff tells a different story. By his account, after the officers identified themselves and mentioned the robbery, they rushed him, threw him to the ground, and, once he was there, kicked and stomped on him until he was handcuffed, and continued kicking him even after he was cuffed. See Tr. of Jury Trial on June 8, 2022, at 37-40 (“6/8/22 Tr.”). Plaintiff says he never resisted arrest. See id. at 41. B. Lawsuit and Trial Three years after his arrest, plaintiff filed this Section 1983 lawsuit against Officers Cabrera, DiPresso, and Johnston, Sergeant Casey, two John Doe NYPD Officers, and the City of New York. See Compl.
7-11 (Dkt. #1). Plaintiff alleged that defendants violated his constitutional rights by using excessive force and fabricating evidence. See id.
