On February 26, 1974, Mardi Gras day, Plaintiff Roberts was arrested by the New Orleans police in connection with the murder earlier the same day of one police officer and the wounding of another. The facts surrounding the arrest are in dispute and form the basis of Roberts' suit against two New Orleans police officers
under
42 U.S.C. s 1983, charging use of excessive force in effectuating the arrest. A jury trial resulted in a verdict against Officer Marino awarding Roberts $2,500 in compensatory damages and an equal amount in punitive damages.
Judge Collins rendered judgment upholding the award of compensatory damages but refused to award punitive damages, finding no support in the record for such award.
Marino appeals arguing that the evidence was insufficient to support the award of compensatory damages and that his motion for directed verdict should have been granted. The basis of his contention is that the force used was not excessive.