Raucci v. Town Of Rotterdam

902 F.2d 1050 (2nd Cir. 1990)

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Nature of the Case

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Facts

Joseph Raucci injured Ms. Raucci (P), his estranged wife, and killed their six-year-old son. The Rauccis entered into a separation agreement which granted custody of their two children, Pamela and Chad to P. On May 13, 1985, P appeared at the Rotterdam Police Department (D) and reported that Joseph had punched and threatened to kill her. She sought the arrest of Joseph and showed evidence of the beating. Eventually, the situation calmed down, and a permanent mutual protective order was entered on May 20, 1985. P notified D of the order and informed them that Joseph was still threatening her. Joseph even attempted to run P off the road, and she was given police protection that evening. Ten days later, P called D and informed them of another threat and that Joseph had bought a gun; P requested that D be arrested. D informed P that they needed more evidence and told her about recording the incidents and P went to D and picked up a tape recorder. Eventually, P went to D with taped conversations, but D told P they would not move against Joseph until the deputy chief returned. Five days later, P signed an information against Joseph for attempting to break into her apartment and for threatening to blow her head off. D told P that they would arrest Joseph on Monday when a judge would be available for an arraignment. Joseph was arrested that day for further threats and was arraigned and set free on bail of $500. The justice who set Joseph free on bail was not apprised of the entire history or the existence of tapes etc. Five days later, Joseph appeared once again and this time shot at P as she was on a date with her then-current boyfriend. Joseph shot and wounded her date and when he shot at P, wounding her and killing his son. P sued D under 42 U.S.C. §1983, state law negligence claims. D moved for summary judgment on both claims. That was granted for the federal claim, but the court retained jurisdiction over the pendent state negligence claim as that case was ready for trial. P was awarded a verdict of $275,000 for her personal injuries and $250,000 for the death of her son. D moved for judgment n.o.v., a new trial, and remittitur of the wrongful death award. The district court denied the motions. D appealed.