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POLICE INJURY CASE

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Police Injury Case - Paul Rizzo and Nicholas PompelioPaul Rizzo and Nicholas Pompelio received a favorable and precedent setting decision from the Federal Appeals Court, which overruled the District Court decision denying their client’s claim for attorney’s fees and costs.

In Raab v. City of Ocean City, New Jersey et al, the U.S. Court of Appeals for the Third Circuit held that a plaintiff who settles a claim for injuries caused by inappropriate police conduct is considered to be the “prevailing party” and is therefore entitled to attorney’s fees and costs. The District Court had denied plaintiff’s claim for fees and costs. Since there was a split of opinion in the District of New Jersey, the Appeals Court settled the issue by concluding that the municipality had to pay plaintiff’s fees and costs. It also held that the claim of the defense for fees was without merit.

Read a copy of the court’s decision

CATEGORIES: Police Injury

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