Antoine

ORDER RE: MOTION FOR RECONSIDERATION

Defendants move for reconsideration of this court’s Order of June 26, 2008, 566 F.Supp.2d 1045 . In that Order, the court concluded that it had committed plain error in its instructions to the jury on the issue of damages, but rejected defendants’ arguments that the court committed error in any of its evidentiary rulings or instructions to the jury on the issue of liability. Because the court also rejected defendants’ arguments relating to alleged misconduct by plaintiffs attorneys and found that the evidence was sufficient to support the jury’s finding of liability, the court denied defendants’ motion for a new trial on the issue of liability.

Based on those findings, the court in its Order of June 26, 2008, granted defendants’ motion for a new trial on the issues of damages only and expressed the intention of instructing the new jury upon retrial that defendants have been determined to be liable and that their job is only to determine the amount of damages proximately resulting from the violations of plaintiffs Fourth and Fourteenth Amendment rights.

In their motion for reconsideration, defendants argue that a new trial on the issue of…