Tretola v. County of Nassau, 14 F. Supp. 3d 58

Background

Tretola, owner of Marbles Enterprises (T & T Gunnery), sues Nassau County and Officer Faltings for false arrest (June 1, 2007) and malicious prosecution under 42 U.S.C. § 1983.
Jury trial in August 2012 yields a verdict for plaintiff: $5,000,000 total ($2,000,000 compensatory, $3,000,000 punitive).
May 9, 2007: multi-agency inspections of T & T Gunnery; Fire Marshal Szymanski issues a fire code citation; a heating gas line and bullet traps were observed.
Tretola pled guilty on June 26, 2007 to a lesser-included fire code offense on behalf of Marbles Enterprises, Inc.; argument centers on whether that plea impacts probable cause for the June 1 arrest.
Court denies Rule 50(b) and Rule 59 motions; grants conditional remittitur: compensatory damages reduced to $760,605 and punitive damages to $175,000; new trial unless plaintiff accepts remittitur.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does Marbles’ guilty plea provide probable cause for Tretola’s arrest?	Guilty plea by Marbles binds plaintiff; provides probable cause for arrest.	Plea of the corporation does not bind Tretola personally for false arrest.	Guilty plea does not provide probable cause for Tretola’s arrest.
Was there probable cause to arrest Tretola on June 1, 2007 given May 9 evidence and subsequent facts?	Faltings acted with probable cause based on May 9 observations and later information.	There was probable cause as of May 9 or could have been established with further investigation.	No probable cause as of June 1; post-May 9 changes and Tretola’s statement about operability negate earlier probable cause.
Did Faltings’ conduct give rise to malicious prosecution under § 1983?	Faltings played an active role in the prosecution and lacked probable cause, supporting malice.	Prosecutor independently assesses and decides, reducing officer liability.	Faltings’ substantial involvement satisfies the first element; malicious prosecution claim survives.
Is Faltings entitled to qualified immunity given arguable probable cause?	Qualified immunity does not apply; lack of probable cause is clear.	Lore controls; qualified immunity should shield if arguable probable cause exists.	Rule 50(b) ruling on qualified immunity is procedurally barred; court denies based on procedurals and evidence.
Should the jury’s damages be remitted due to excessiveness?	Damages were appropriate given emotional and economic impact.	Compensatory and punitive awards are grossly excessive and warrant remittitur.	Remittitur granted: compensatory reduced to $760,605 and punitive reduced to $175,000; new trial unless plaintiff accepts remittitur.

Key Cases Cited

Jaegly v. Couch, 439 F.3d 149 (2d Cir. 2006) (probable cause standard; objective basis governs arrest decision)
Gates v. Illinois, 462 U.S. 213 (Supreme Court 1983) (probable cause and totality of circumstances framework)
Krause v. Bennett, 887 F.2d 362 (2d Cir. 1989) (investigation not required after probable cause exists; not to be prosecutor)
Curley v. Village of Suffern, 268 F.3d 65 (2d Cir. 2001) (investigation not required where probable cause exists; timing matters)
BeVier v. Hucal, 806 F.2d 123 (7th Cir. 1986) (need for corroboration and investigation in prob. cause cases)
Hartman v. Moore, 547 U.S. 250 (Supreme Court 2006) (malice and lack of probable cause considerations in prosecutorial context)
Payne v. Jones, 711 F.3d 85 (2d Cir. 2013) (punitive damages against police; guideline ranges; remittitur considerations)
Thomas v. Kelly, 903 F. Supp. 2d 237 (S.D.N.Y. 2012) (emotional distress damages in police misconduct cases; treatment evidence considerations)
DiSorbo v. Hoy, 343 F.3d 172 (2d Cir. 2003) (gore factors for punitive damages in police misconduct)
Ismail v. Cohen, 899 F.2d 183 (2d Cir. 1990) (range of emotional distress damages in police misconduct cases)
BMW of North America v. Gore, 517 U.S. 559 (Supreme Court 1996) (three guideposts for punitive damages: reprehensibility, ratio, penalties)