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Saturday, May 9, 2009

Federal Jury Awards Man $1,000 in False-Arrest Case

Jury awards Yonkers man $1,000 in false-arrest case
The Journal News by Timothy O'Connor - May 9, 2009  -  tpoconnor@lohud.com

A federal jury awarded a Yonkers man $1,000 as compensation in a false-arrest case involving Yonkers cops - but only reluctantly. The jury had ruled against Steve Ploski, 51, saying he had not been falsely arrested and Yonkers police did not use excessive force in taking him into custody after a domestic disturbance at his home Jan. 6, 2005. But U.S. District Judge William Conner in White Plains set aside the eight-member jury's finding on the false arrest and sent them back to the jury room to decide on damages. That touched off a debate between the jury foreman and judge. "We kind of believe that behind the scenes there is a game or charade," the foreman said to the judge. "The real trial was going on behind the scenes. And we didn't follow the script that was laid out here and now the rules have changed." The judge disagreed and ordered them to reach a dollar amount. The jury agreed on $1,000. Conner also awarded attorney's fees to Ploski. Ploski's lawyer, John Raimondo, said an appeal of the verdict was possible. In his lawsuit, Ploski said he had to undergo back surgery as a result of the incident. "Overall, I think the jury's award was disproportionate to the injuries sustained by my client and the failure to find excessive force was inconsistent with the evidence," he said. Frank Rubino, the Yonkers corporation counsel, said the jury's verdict vindicated the police. "We see it as a total victory," he said. "The only reason they awarded any money was because they were bullied by the judge."

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