McKenzie v. The City of Mount Vernon
- Vincent Briccetti
- 7:18-cv-00603
- U.S. District Court · Southern District of New York
- 4
In McKenzie v. The City of Mount Vernon, Judge Briccetti adopted a damages recommendation after default and entered a $9.625 million judgment against four defendants.
Nadine McKenzie, in the capacities stated in the caption, received a $9,625,000 damages judgment plus post-judgment interest on the claim concerning Shamoya McKenzie’s conscious pain and suffering. David Hardy, Marquis Collier, Jermaine Hughley, and Sincere Savoy are responsible for the amounts specified in the judgment.
What happened
In McKenzie v. The City of Mount Vernon, the court reviewed a magistrate judge’s recommendation about damages after it had already entered a default judgment on liability against David Hardy, Marquis Collier, Jermaine Hughley, and Sincere Savoy. Nadine McKenzie appeared, testified, and presented evidence at a damages hearing concerning Shamoya McKenzie’s conscious pain and suffering.
The recommendation awarded $1.75 million in compensatory damages against the four defendants together, plus $7.875 million in punitive damages divided among them. It did not recommend damages for wrongful death or assault and battery. No defendant objected, and the court found no clear error.
Judge Vincent L. Briccetti adopted the recommendation in full, entered judgment for $9.625 million plus post-judgment interest, and ordered the case closed. The compensatory award applies jointly and severally to the four defendants; the punitive awards are $2.625 million against Hardy and $1.75 million against each of Collier, Hughley, and Savoy.
The detailed version
- McKenzie v. The City of Mount Vernon · No. 7:18-cv-00603
- Vincent Briccetti
- Dec. 20, 2024
Background
The court was reviewing Magistrate Judge Andrew E. Krause’s November 12, 2024, Report and Recommendation after an inquest and damages hearing. On January 12, 2023, the court had entered a default judgment on liability only against David Hardy, Marquis Collier, Jermaine Hughley, and Sincere Savoy. The matter was then referred to Judge Krause to determine damages.
Judge Krause held an inquest hearing on June 9, 2024. Nadine McKenzie appeared, testified, and presented evidence. The recommendation addressed damages for Shamoya McKenzie’s conscious pain and suffering.
Recommendation and Review
Judge Krause recommended $9,625,000 in damages, plus post-judgment interest. The recommendation consisted of $1,750,000 in compensatory damages against Hardy, Collier, Hughley, and Savoy jointly and severally, and $7,875,000 in punitive damages allocated as follows: $2,625,000 against Hardy, and $1,750,000 against each of Collier, Hughley, and Savoy. Judge Krause did not recommend damages for wrongful death or assault and battery.
Copies of the recommendation were mailed to the defaulting defendants at their places of incarceration. The court received no objections. Because there were no objections, the court reviewed the recommendation for clear error, meaning an obvious mistake apparent from the record. It found no error.
Ruling
Judge Vincent L. Briccetti adopted the Report and Recommendation in its entirety as the court’s opinion. The Clerk was instructed to enter judgment for $1,750,000 in compensatory damages against Hardy, Collier, Hughley, and Savoy jointly and severally; $2,625,000 in punitive damages against Hardy; and $1,750,000 in punitive damages against each of Collier, Hughley, and Savoy. The judgment also includes post-judgment interest under 28 U.S.C. § 1961, calculated from the date judgment is entered until payment. The Clerk was instructed to close the case.
Effect of the Ruling
The ruling determined the damages awarded after the previously entered default judgment on liability. The opinion states that the court awarded damages for conscious pain and suffering and did not award damages for wrongful death or assault and battery. The judgment was entered against the four defaulting defendants identified above, not against every defendant named in the caption.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.