In an appeal arising from an underlying action brought by a nurse practitioner claiming that defendant-sheriff barred plaintiff from a County House of Correction (HOC) for informing the FBI of alleged prisoner abuse at the HOC, denial of defendants' motions for a new trial and for remittur is affirmed where: 1) there is nothing in the record indicating that the district court abused its discretion in making its pre-trial evidentiary and disclosure rulings; 2) district court's dismissal of defendants' action under the Administrative Procedure Act (APA) was proper as there was nothing in the record indicating that agency's denial of the defendants' Touhy requests was arbitrary and capricious; 3) the evidence was sufficient to establish that the sheriff engaged in the callous and reckless conduct necessary to support an award of punitive damages; and 4) the award of punitive damages of $250,000 against sheriff was not excessive.
Appeal from the United States District Court for the District of Massachusetts
Decided November 12, 2009
Opinion by Torruella, Circuit Judge
For Appellant: Ellen M. Caulo, Deputy General Counsel
For Appellee: Lowell V. Sturgill, Jr., Attorney, Appellate Staff, Civil Division, Tony West, Assistant Attorney General, Michael K. Loucks, Acting United States Attorney, and Michael S. Raab, Attorney.