Legal Opinion
Michael Krause v. D.R. Penny, Edward M. Rooney, the County of Saratoga and the Sheriff's Department of the County of Saratoga, D.R. Penny
Court of Appeals for the Second Circuit
Decided January 26, 1988No. Docket 87-7256PublishedCited by 30 opinions
1Opinion of the Court
VAN GRAAFEILAND, Circuit Judge:
D.R. Penny appeals from a $25,000 judgment of the United States District Court for the Northern District of New York which followed a jury trial before Judge Gagliardi. The judgment, in favor of Michael Krause, was based on Penny’s alleged violation of Krause’s Fourth Amendment rights. 42 U.S.C. § 1983. The jury awarded Krause $150,000, but the award was reduced by remittitur to $25,000. For the reasons that follow, we reverse and remand with instructions to dismiss the complaint.
On May 15, 1982, Penny, a New York State Trooper, responded to a call to…
2Cases cited11 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Anderson v. CreightonSupreme Court of the United States · 1987
- Payton v. New YorkSupreme Court of the United States · 1980
- Oliver v. United StatesSupreme Court of the United States · 1984
- United States v. John Buettner-JanuschCourt of Appeals for the Second Circuit · 1981
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Michael Krause v. R.O. Bennett, Jr.Court of Appeals for the Second Circuit · 1989
- United States v. Donald Reyes, Robert JubicCourt of Appeals for the Second Circuit · 2002
- United States v. Kevin C. ReillyCourt of Appeals for the Second Circuit · 1996
- United States v. George E. GarciaCourt of Appeals for the Second Circuit · 1995
- United States v. Melvin P. DeutschCourt of Appeals for the Second Circuit · 1993
25 more not listed; retrieve them via the Exa API.