Emily Fernandez (Partner-White Plains, NY) and Christopher Hofmann (Associate-White Plains, NY) obtained a defense verdict in the U.S. District Court for the Southern District of New York on behalf of Wilson Elser’s client, a hospital nurse practitioner, in a 1983 federal civil rights action. The plaintiff, an inmate, sued our client and six Newburgh, New York, police officers arising from a drug arrest and related rectal search. He alleged that our client used excessive force in violation of federal law in failing to perform the rectal exam in a reasonable manner pursuant to a search warrant obtained by the Newburgh police, resulting in civil rights violations, permanent rectal injury, pain and suffering, and post-traumatic stress disorder (PTSD).  The co-defendant police officers faced multiple civil rights claims, alleging excessive force and other civil rights violations arising from the search, detention, arrest, and prosecution. The plaintiff ultimately discharged his court-appointed attorney, who had been prosecuting the claims, and prosecuted the case pro se after refusing the City’s settlement offer on behalf of the police officers.
 
At trial, our nurse practitioner client testified that she performed the exam in a reasonable manner and in conformance with the search warrant. Her testimony was supported by Wilson Elser’s emergency room physician expert, who explained to the jury the nature of the examination and testified that the physical and psychological injuries alleged by the plaintiff were inconsistent with his testimony and subsequent medical records.
 
The plaintiff testified for 2 days regarding his claims of abuse and excessive force by the police officers and the hospital staff. He also testified to claims of fraud and conspiracy between the police and medical providers. On cross-examination, Emily secured admissions that the plaintiff routinely concealed crack cocaine in his rectum as part of his drug-dealing business model and had done so more than 300 times before the examination at issue. Emily also had the plaintiff read to the jury the identical damages allegations he asserted in subsequent federal lawsuits.
 
After just 46 minutes of deliberation on an eight-page verdict sheet containing more than 17 questions, the jury returned a verdict in favor of the nurse practitioner on all claims, including punitive damages, and awarded the plaintiff only $1 in damages against the police officers.