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COLLINS v. SUFFOLK COUNTY POLICE DEPARTMENT

United States District Court, E.D. New York


January 7, 2005.

FELICIA COLLINS, Plaintiff,
v.
THE SUFFOLK COUNTY POLICE DEPARTMENT and the COUNTY OF SUFFOLK, POLICE OFFICER JAMES EDMONDS, POLICE SGT. LINDA CICALESE and CAPTAIN RAYMOND PETERSON, Defendants.

The opinion of the court was delivered by: ARTHUR SPATT, District Judge

SUPPLEMENTAL ORDER

On December 20, 2004, the Court entered a Memorandum of Decision and Order. It has been brought to the Court's attention that the prior partial settlement of attorney's fees, costs, and expenses also included the subject of monetary damages and pre-judgment interest.

Based on the foregoing, it is hereby

  ORDERED, that the portion of the December 20, 2004 Memorandum of Decision and Order which directs the Clerk to the Court to award pre-judgment interest on the back pay award from June 10, 1998 to May 19, 2004 is VACATED; and it is further

  ORDERED, that the portion of the December 20, 2004 Memorandum of Decision and Order which directs the Clerk to the Court to enter judgment in favor of the Plaintiff Felicia Collins and against the Defendants the Suffolk County Police Department, the County of Suffolk in the amount of $79,500 in compensatory damages is VACATED; and it is further

  ORDERED, that the portion of the December 20, 2004 Memorandum of Decision and Order which directs the Clerk to the Court to enter judgment in favor of the Plaintiff and against the Defendant James Edmonds for punitive damages in the amount of $75,000; against the Defendant Linda Cicalese for punitive damages in the amount of $25,000; and against the Defendant Raymond Peterson for punitive damages in the amount of $50,000 is VACATED.

  The remaining portions of the December 20, 2004 Memorandum of Decision of Order are still in effect. For clarity, those portions state that it is hereby

  ORDERED, that the Plaintiffs motion to purge the Defendant's files of Plaintiff's Trial Exhibits 16, 17, 18, 20, 21, 22, 23, 24, 25 and Defendant's Trial Exhibit C is GRANTED; and it is further

  ORDERED, that the Plaintiff's motion for an injunction preventing the Defendants from engaging in future acts of retaliation against the Plaintiff is GRANTED; and it is further

  ORDERED, that the Plaintiff's motion for a Plaintiff to be retroactively promoted to a detective position with retroactive seniority is DENIED; and it is further

  ORDERED, that the Plaintiff shall be promoted to the Detective position upon entry of judgment; and it is further

  ORDERED, that the Clerk of the Court is directed to enter judgment in favor of the Plaintiff Felicia Collins and against the Defendants The Suffolk County Police Department, the County of Suffolk for the amount of the pro rata share of the $12,000 back pay award from May 20, 2004 to the date that judgment is entered and for the above mentioned equitable relief; and it is further

  ORDERED, that the Clerk of the Court is directed to close this case.

  SO ORDERED.

20050107

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