Date: 08-11-2023

Case Style:

Paul Velleca v. Robert Pangburn, et al.

Case Number: 9:20-cv-00887

Judge: Brenda K. Sannes

Court: United States District Court for the Northern District of New York (Onondaga County)

Plaintiff's Attorney: John Alexander

Defendant's Attorney: Frank Miller and Tom Murphy

Description: Syracuse, New York civil rights lawyer represented Plaintiff who sued Defendants on prisoner civil rights violation theories.


Plaintiff Paul Velleca, a New York State inmate proceeding pro se, commenced this civil rights action under 42 U.S.C. § 1983, raising claims arising out of his incarceration at the Delaware County Jail. (Dkt. No. 1). On October 22, 2021, Defendants filed a motion for summary judgment under Fed.R.Civ.P. 56. (Dkt. No. 27). The motion was fully briefed, with a response filed by Plaintiff and a reply filed by Defendants. (Dkt. Nos. 34, 40). This matter was referred to United States Magistrate Judge Daniel J. Stewart who, on June 2, 2022, issued a Report-Recommendation recommending that Defendants' motion for summary judgment be denied. (Dkt. No. 42). Magistrate Judge Stewart advised the parties that under 28 U.S.C. § 636(b)(1), they had fourteen days within which to file written objections to the report, and that the failure to object to the report within fourteen days would preclude appellate review. (Id. at 12-13). No objections to the Report-Recommendation have been filed.

As no objections to the Report-Recommendation have been filed, and the time for filing objections has expired, the Court reviews the Report-Recommendation for clear error. See Petersen v. Astrue, 2 F.Supp.3d 223, 228-29 (N.D.N.Y. 2012); Fed.R.Civ.P. 72(b) advisory committee's note to 1983 amendment. Having reviewed the Report-Recommendation for clear error and found none, the Court adopts the Report-Recommendation in its entirety.

Outcome: 07/24/2023 TEXT Minute Entry for Day 1 of Jury Trial held on 7/24/2023 before Chief Judge Brenda K. Sannes: 9:10 a.m. - Court meets with counsel to discuss preliminary matters. Exhibits A-F admitted. 9:22 a.m. - Court is in recess. 9:32 a.m. - Court resumes. Jury panel enters courtroom. Judge Sannes makes introductory remarks and introduces case. 9:41 - Jury panel sworn. Judge Sannes and counsel conduct voir dire examination of prospective jurors. 10:51 a.m. - Court is in recess. 11:10 a.m. - Judge Sannes meets with the parties outside presence of jury panel. Counsel and parties exercise challenges for cause and peremptory challenges. 11:27 a.m. - Court resumes with jury panel. Jury is selected and sworn. 11:31 a.m. - Judge Sannes gives preliminary charge to the jury. 11:51 a.m. - Court is in recess. 1:07 p.m. - Court resumes with jury present. Opening statement by Mr. Alexander. 1:12 p.m. - Opening statement by Mr. Murphy. 1:37 p.m. - Mr. Alexander calls Paul Velleca who is placed under oath and testifies. 1:58 p.m. - Mr. Alexander calls Robert Pangburn who is placed under oath and testifies. 2:24 p.m. - Court is in recess. 2:48 p.m. - Court resumes. Mr. Alexander calls Fred Ford who is placed under oath and testifies. 3:13 p.m. - Plaintiff rests. Jury is excused from courtroom. Mr. Murphy moves for a directed verdict under Rule 50. Plaintiff opposes the motion. Court reserves decision. 3:19 p.m. - Jury returns to courtroom. Mr. Alexander recalls Paul Velleca who remains under oath and testifies. 3:27 p.m. - Mr. Murphy calls Allen Weaver who is placed under oath and testifies. 3:47 p.m. - Defense rests. Jury is excused for the day. 3:51 p.m. - Court is in recess until 9:00 a.m. on July 25, 2023. Appearances: John Alexander, Esq. for plaintiff; Thomas Murphy, Esq. for defendants. (Court Reporter: Hannah Cavanaugh) (nmk) (Entered: 07/25/2023)
07/25/2023 TEXT Minute Entry for Day 2 of Jury Trial held on 7/25/2023 before Chief Judge Brenda K. Sannes: 9:12 a.m. - Court is in session for a charge conference with counsel. 9:22 a.m. - Court is in recess. 10:03 a.m. - Court resumes with jury present. Judge charges the jury and reviews verdict sheet. 10:39 a.m. - Closing argument by Mr. Alexander. 10:50 a.m. - Closing argument by Mr. Murphy. 11:09 a.m. - Rebuttal argument by Mr. Alexander. 11:15 a.m. - Courtroom Security Officers sworn. Jury retires for deliberations. 12:34 p.m. - Court resumes with counsel. Jury notes # 1, 2 and 3 were received at 11:56 a.m. Court discusses the notes with counsel. 12:46 p.m. - Jury returns to the courtroom. Court addresses jury notes #1, 2 and 3 with the jury. 12:49 p.m. - Jury returns to deliberations. 1:53 p.m. - Court resumes. Jury returns a verdict against defendant Pangburn and in favor of defendant Ford. Jury is polled. 1:57 p.m. - Jury is excused. The court discusses special interrogatories with counsel. 2:00 p.m. - Jury returns to courtroom. The court charges the jury and reviews the special interrogatories. 2:03 p.m. - Jury is excused for deliberations. 2:32 p.m. - Court resumes with counsel to discuss punitive damages instructions and verdict sheet. 2:41 p.m. - Jury returns to courtroom. The court accepts the special interrogatories. Judge gives punitive damages instructions to the jury. 2:44 p.m. - Mr. Murphy calls Robert Pangburn who remains under oath and testifies. 2:49 p.m. - Statements by Mr. Alexander and Mr. Murphy regarding punitive damages. 2:53 p.m. - Jury is excused for deliberations. 3:17 p.m. - Court resumes with jury present. Jury returns a decision on punitive damages. 3:19 p.m. - Jury is excused with the thanks of the court. Post-trial motion deadlines and appeal rights explained. Exhibits returned to counsel. 3:26 p.m. - Court is adjourned. Appearances: John Alexander, Esq. for plaintiff; Thomas Murphy, Esq. for defendants. (Court Reporter: Hannah Cavanaugh) (Copy served upon plaintiff via regular mail with copy of 7/24/23 Minutes.) (nmk) (Entered: 07/25/2023)
07/25/2023 71 Joint Exhibit List completed at trial. (Copy served upon plaintiff via regular mail.) (nmk) (Entered: 07/25/2023)
07/25/2023 72 Jury Instructions. (nmk) (Entered: 07/25/2023)
07/25/2023 73 Jury Notes 1, 2 and 3. (Copy served upon plaintiff via regular mail.) (nmk) (Entered: 07/25/2023)
07/25/2023 74 JURY VERDICT. (Copy served upon plaintiff via regular mail.) (nmk) (Entered: 07/25/2023)
07/25/2023 75 Jury Instructions - Punitive Damages. (Copy served upon plaintiff via regular mail.) (nmk) (Entered: 07/25/2023)
07/25/2023 76 JURY VERDICT - Punitive Damages. (nmk) (Entered: 07/25/2023)
07/25/2023 77 Special Interrogatories. (Copy served upon plaintiff via regular mail.) (nmk) (Entered: 07/25/2023)
07/25/2023 78 JUDGMENT: It is ORDERED and ADJUDGED that the jury returned a verdict of no cause of action as against defendant Fred Ford and all claims against defendant Ford are dismissed. Further, the jury, having returned a verdict in favor of plaintiff as to defendant Robert Pangburn, awarded plaintiff $50,001.00 in compensatory damages and $2,000.00 in punitive damages. (Copy served upon plaintiff via regular mail) (nmk) (Entered: 07/25/2023)
07/27/2023 79 TRANSCRIPT REQUEST by Fred Ford, Robert Pangburn for proceedings held on 7/24/23 through 7/25/23 before Judge Brenda Sannes.. (Murphy, Thomas) (Entered: 07/27/2023)
07/27/2023 80 TRANSCRIPT REQUEST by Fred Ford, Robert Pangburn for proceedings held on 7/24/23 through 7/25/23 before Judge Brenda Sannes.. (Murphy, Thomas) (Entered: 07/27/2023)
08/10/2023 81 LETTER BRIEF/REQUEST FOR AN EXTENSION OF TIME Letter to Judge Sannes by Fred Ford, Robert Pangburn. (Murphy, Thomas) Modified on 8/10/2023 (nas, ). (Entered: 08/10/2023)
08/11/2023 82 TEXT ORDER: granting 81 letter requesting an extension of time. Post-trial motions are to be filed by 9/22/2023. SO ORDERED by Chief Judge Brenda K. Sannes on 8/11/2023. (nmk) (Entered: 08/11/2023)

Plaintiff's Experts:

Defendant's Experts:

Comments: