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Richard Hoffer v. Police Officer Elyssa Tellone, et al.
Date: 02-13-2025
Case Number: 22-1377
Judge: Not Available
Court: United States District Court for the Southern District of New York (New York County)
Plaintiff's Attorney:
Click Here For The Best New York Civil Rights Lawyer Directory
Defendant's Attorney: City of New York Legal Department
Description:
New York, New York civil rights lawyer represented the Plaintiff to sued on an excessive force theory.
Richard Hoffer sued the City of Yonkers, the City of Yonkers Police Department, and various individual police
officers under 42 U.S.C. § 1983, alleging that the officers used excessive force when arresting him. After trial, the jury returned a verdict in favor of the officers.
To impose sanctions pursuant to Rule 37(e)(2), a district court or a jury must find, by a preponderance of the evidence,
that a party acted with an "intent to deprive†another party of the lost information. Consistent with this holding, we further hold that the lesser "culpable state of mind†standard, which includes negligence, see Residential Funding Corp. v. DeGeorge Fin. Corp., 306 F.3d 99, 108 (2d Cir. 2002), does not apply to the imposition of sanctions under Rule 37(e)(2).
Richard Hoffer sued the City of Yonkers, the City of Yonkers Police Department, and various individual police
officers under 42 U.S.C. § 1983, alleging that the officers used excessive force when arresting him. After trial, the jury returned a verdict in favor of the officers.
To impose sanctions pursuant to Rule 37(e)(2), a district court or a jury must find, by a preponderance of the evidence,
that a party acted with an "intent to deprive†another party of the lost information. Consistent with this holding, we further hold that the lesser "culpable state of mind†standard, which includes negligence, see Residential Funding Corp. v. DeGeorge Fin. Corp., 306 F.3d 99, 108 (2d Cir. 2002), does not apply to the imposition of sanctions under Rule 37(e)(2).
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Richard Hoffer v. Police Officer Elyssa Tellone, et al.?
The outcome was: Affirmed
Which court heard Richard Hoffer v. Police Officer Elyssa Tellone, et al.?
This case was heard in United States District Court for the Southern District of New York (New York County), NY. The presiding judge was Not Available.
Who were the attorneys in Richard Hoffer v. Police Officer Elyssa Tellone, et al.?
Plaintiff's attorney: Click Here For The Best New York Civil Rights Lawyer Directory. Defendant's attorney: City of New York Legal Department.
When was Richard Hoffer v. Police Officer Elyssa Tellone, et al. decided?
This case was decided on February 13, 2025.