Full opinion text
MEMORANDUM AND ORDER JOSEPH F. BIANCO, District Judge: Plaintiffs Frank Sloup (“Sloup”) and his business, Crabs Unlimited, LLC (“Crabs Unlimited”) brought this action against defendants Alan Loeffler, individually and in his official capacity as a Town of Islip employee (“Loeffler”) and Craig Pomroy, individually and in his official capacity as a Town of Islip employee (“Pomroy”) (together the “individual defendants”), as well as the Town of Islip (the “Town” or “Is-lip”) (collectively “defendants”), alleging that defendants violated plaintiffs’ constitutional rights when they were banned from fishing and crabbing in certain waters of the Town of Islip. A jury trial took place from October 19, 2009 through November 3, 2009, and the jury (1) found that a ban was imposed on plaintiff Frank Sloup, prohibiting him from fishing in the harbor areas of the Town of Islip in 2004 by both Alan Loeffler and Craig Pomroy; (2) found defendants Alan Loeffler and Craig Pomroy liable under an equal protection “class of one” claim; (3) found defendants Alan Loeffler and Craig Pomroy liable under an equal protection “selective enforcement” claim; (4) found defendants Alan Loefller and Craig Pomroy liable for violating plaintiffs’ substantive due process rights; and (5) found the Town of Islip liable for violations of plaintiffs’ constitutional rights. With respect to damages, the jury awarded $1.8 million in compensatory damages and $150,000 in punitive damages against defendant Alan Loeffler and $150,000 in punitive damages against defendant Craig Pomroy in connection with the imposition of the ban on Sloup’s fishing. Presently before the Court are post-trial motions brought by the Town and the individual defendants. Defendant Town of Islip now moves for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(b) on the basis that there was an absence of proof that defendant Loeffler was a policymaker or that a longstanding custom or policy existed in the Town that led to the alleged constitutional violation. The Town also moves for a new trial under Federal Rule of Civil Procedure 59 based on the grounds that (a) defendant Loeffler was erroneously found to be a policymaker and it was error to find that the Town had a long-standing custom or policy that led to the constitutional violation; (b) excessive compensatory and punitive damages were awarded; and (c) the verdict was against the weight of the evidence. The individual defendants also move for judgment as a matter of law under Rule 50(b). Specifically, they argue that plaintiffs failed to present legally sufficient evidence to support their (a) substantive due process; (b) equal protection class of one; and (c) equal protection selective enforcement claims. The individual defendants also move to set aside the verdict and for a new trial under Rule 59 on the grounds that (a) the verdict was against the weight of the evidence; and (b) the damages were grossly excessive. The individual defendants further move to set aside the verdict on the grounds that the compensatory and punitive damages awarded were excessive and against the weight of the evidence. For the reasons that follow, defendants’ Rule 59 motions for a new trial on the issue of damages is granted, but the remainder of defendants’ claims are denied. I. Background Sloup filed the complaint in this action on April 7, 2005. On September 26, 2005, Islip and the individual defendants separately moved to dismiss the complaint pursuant to Rules 8 and 12(f) of the Federal Rules of Civil Procedure. By Memorandum and Order dated March 13, 2006, 2006 WL 767869, the Court denied defendants’ motions in them entirety. On May 3, 2006, Islip and the individual defendants submitted their answers to the complaint, and, after discovery, on May 19, 2008, Islip and the individual defendants submitted their motions for summary judgment. On August 21, 2008, 2008 WL 3978208, the Court denied defendants’ motions for summary judgment with respect to plaintiff Frank Sloup’s Fourteenth Amendment claims and granted their motions with respect to plaintiffs First Amendment claims. With respect to plaintiffs municipal liability claim, the Town’s motion for summary judgment was denied without prejudice to Islip renewing it at the close of evidence at trial. Familiarity with the decisions, the facts and the legal analysis contained in the Court’s March 13, 2006 Memorandum and Opinion and August 21, 2008 Memorandum and Opinion is presumed. On October 20, 2008, plaintiff amended the complaint to add Crabs Unlimited, LLC, as a plaintiff to the action. From October 19, 2009 through November 3, 2009, a jury trial was held before this Court on plaintiffs’ remaining claims. On November 3, 2009, the jury found in favor of the plaintiffs as to their claims for violation of their equal protection and substantive due process rights and awarded $1.8 million in compensatory damages against all defendants. The jury also determined that punitive damages were warranted against the individual defendants. After deliberation, the jury awarded $150,000 in punitive damages against defendant Alan Loeffler and $150,000 in punitive damages against defendant Craig Pomroy. On November 18, 2009, the Town and the individual defendants filed post-trial motions. Defendants moved for judgment as a matter of law notwithstanding the verdict pursuant to Federal Rule of Civil Procedure 50(b) and for remittitur or a new trial pursuant to Federal Rule of Civil Procedure 59 as to the compensatory and punitive damages against the defendants. Plaintiffs’ opposition papers were filed on December 17, 2009. Defendants filed their reply papers on January 29, 2010. Oral argument was held on February 11, 2010. The Court has fully considered all submissions of the parties. II. Discussion A. Rule 50(b) Motions for Judgment as a Matter of Law 1. Standard of Review The standard governing motions for judgment as a matter of law (formerly described as motions for directed verdict) pursuant to Rule 50 is well-settled. Judgment as a matter of law may not properly be granted under Rule 50 against a party “unless the evidence, viewed in the light most favorable to the nonmoving party, is insufficient to permit a reasonable juror to find in his favor.” Arlio v. Lively, 474 F.3d 46, 51 (2d Cir.2007) (citing Galdieri-Ambrosini v. Nat’l Realty & Dev. Corp., 136 F.3d 276, 289 (2d Cir.1998)). In deciding such a motion, the Court must give deference to all credibility determinations and reasonable inferences of the jury, and it “may not itself weigh the credibility of witnesses or consider the weight of the evidence.” Meloff v. N.Y. Life Ins. Co., 240 F.3d 138, 145 (2d Cir.2001) (quoting Galdieri-Ambrosini, 136 F.3d at 289). Thus, judgment as a matter of law should not be granted unless: (1) [Tjhere is such a complete absence of evidence supporting the verdict that the jury’s findings could only have been the result of sheer surmise and conjecture, or (2) [T]here is such an overwhelming amount of evidence in favor of the movant that reasonable and fair minded [persons] could not arrive at a verdict against [it]. Advance Pharm., Inc. v. United States, 391 F.3d 377, 390 (2d Cir.2004) (quoting Galdieri-Ambrosini, 136 F.3d at 289) (internal citations omitted). 2. The Town’s Rule 50(b) Motions a. Absence of Evidence of Town Policy First, the Town moves for judgment as a matter of law on the issue of municipal liability. In determining municipal liability, it is necessary to conduct a separate inquiry into whether there exists a “policy” or “custom.” The Supreme Court has identified at least two situations that constitute a municipal policy: “(1) where there is an officially promulgated policy as that term is generally understood (i.e., a formal act by the municipality’s governing body), and (2) where a single act is taken by a municipal employee who, as a matter of state law, has final policymaking authority in the area in which the action was taken.” Davis v. City of N.Y., 228 F.Supp.2d 327, 336-37 (S.D.N.Y.2002). The Town of Islip contends in its motion for judgment as a matter of law that, in the instant case, liability cannot be predicated upon either theory because plaintiffs presented no evidence at trial of a longstanding policy, practice, or custom of the Town of Islip. The Town also contends that the individual defendants were not policymakers whose allegedly unconstitutional actions would result in the imposition of liability on the municipality. The Court addresses each of these arguments in turn and upholds the jury’s finding of liability for the Town on each ground. (1) Practice or Custom “A municipality will not be held liable under § 1988 unless plaintiffs can demonstrate that the allegedly unconstitutional action of an individual law enforcement official was taken pursuant to a policy or custom officially adopted and promulgated by that [municipality’s] officers.” Abreu v. City of N.Y., No. 04-CV-1721, 2006 WL 401651, at *4, 2006 U.S. Dist. LEXIS 6505, at *11 (E.D.N.Y. Feb. 22, 2006) (quotation marks omitted) (citing Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978)). Here, it is not disputed that defendants Loeffler and Pomroy were acting under color of law when they approached Sloup regarding his traps being hazards to navigation. The Court concludes that plaintiffs presented sufficient evidence from which the jury could conclude that the Town of Islip had a practice or custom of banning plaintiffs from fishing in the harbor areas. Plaintiffs presented several pieces of evidence tending to suggest that such a ban existed. Specifically, plaintiffs presented testimony by plaintiff Sloup that on at least four different occasions, a ban was enforced by employees of the Town of Islip against him and his fishing company: (1) in June 2004, Officer Pomroy told plaintiff Sloup to move his pots that were located in Champlin’s Creek because they were a “hazard to navigation” (Tr. 707:21-22); (2) on the same date in June 2004, Officer Sgroi also told Sloup that “Chief Loeffler says you have to put [your fishing pots] in the fish trap areas. They have to get out of Champlin’s Creek” (Tr. 708:17-19); (3) plaintiff Sloup also testified that he was told by Chief Harbor Master Loeffler “to move every single piece of equipment from the harbor areas, and the killie pot” (Tr. 712:11-12); and (4) when Sloup replaced his pots into the harbor waters in early October, he was again told to remove them by defendant Pomroy (Tr. 721:7-14). There was also testimony by Sloup’s attorney from the Article 78 proceeding, Richard Remmer, that defendant Loeffler explicitly stated that Sloup was banned from the harbor areas. Remmer testified that he discussed with Loeffler that Sloup had informed him that “[Loeffler’s] office [was] telling [Sloup he could fish] nowhere in the Town of Islip other than a designated fish trap area, all of which are in the Great South Bay, are not in the harbor areas.” (Tr. 353:1-4.) Remmer asked Loeffler “Is that really what the Town of Islip is intending to do?” to which Loeffler replied “yes, it is.” (Tr. 353:4-6.) Moreover, plaintiffs presented testimony by the Deputy Islip Town Attorney, Richard Hoffman, from the oral argument during Sloup’s Article 78 proceeding in state court. Specifically, Hoffman made the following statements during that court proceeding: [T]he harbor area is defined.... Now there are proportions of every waterway within the Town of Islip that are not harbor areas, and he’s free to fish, do whatever he is doing. I’m not sure what it is he’s doing in those nonharbor areas. Again, when he is out there after this action was posted, he did go out again, and again he was told, don’t do it here. Do it here. Again, no summons was issued. Please move your pots. They showed him where he can go. It’s not a question of the town saying, no. We are issuing summons for violation of law. There are definitions. Harbor areas defined. It’s not as if it’s a moving target. It’s a definition. There are maps which show where harbor areas are. (Tr. 327:24-25, 328:5-18.) This statement, made by the Town’s attorney during oral argument, could be interpreted as stating that Sloup was entirely banned from fishing in the harbor areas. During the same hearing, there was testimony by Richard Remmer, the attorney representing Sloup in that proceeding, that “from what [Sloup] has been told, the only place he can set his gear outside of the — he can’t set it in Oralock Creek, Champlin’s Creek, Brown’s River, or any of those areas listed in the town code as a harbor area.” (Tr. 327:9-12.) Thus, viewed in a light most favorable to plaintiffs, the non-moving party, the various evidence presented at trial, in the form of testimony by plaintiff Sloup and his former attorney Richard Remmer, as well as Hoffman’s statements from the Article 78 proceeding that Sloup brought against the Town in 2004, provided sufficient evidence from which a reasonable jury could conclude that there was a practice or custom within the Town of Islip of banning plaintiffs from fishing in the Town’s harbor areas. Accordingly, the Town’s motion for judgment as a matter of law on the grounds that plaintiffs have failed to demonstrate the existence of an unconstitutional policy or custom is denied. (2) Policymaker Liability The Town also argues that there was insufficient evidence to support a finding of policymaker liability. Specifically, the Town argues both that there was no basis for the Court to rule that defendant Loeffler was a policymaker as a matter of law, and there was insufficient evidence upon which to predicate municipal liability based on Loeffler’s actions. As set forth below, the Court disagrees. “[Mjunicipal liability may be imposed for a single decision by municipal policymakers under appropriate circumstances.” Pembaur v. City of Cincinnati, 475 U.S. 469, 480, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986). “When a plaintiffs theory of municipal liability is based on showing that a single action by a municipal employee caused the constitutional injury, rather than showing that a formally adopted or ratified municipal policy caused the injury, a plaintiff must demonstrate that the official had final policymaking authority for the particular subject matter involved.” Brocuglio v. Proulx, 478 F.Supp.2d 309, 323-24 (D.Conn.2007) (collecting cases). As discussed in this Court’s Memorandum & Order dated August 21, 2008, “[e]ven one episode of illegal retaliation may establish municipal liability under § 1983 if ordered by a person whose edicts or acts represent official city policy.” Gronowski v. Spencer, 424 F.3d 285, 296 (2d Cir.2005); see also Amnesty Am. v. Town of W. Hartford, 361 F.3d 113, 126 (2d Cir.2004) (“Thus, even a single action by a decisionmaker who ‘possesses final authority to establish municipal policy with respect to the action ordered’ is sufficient to implicate the municipality in the constitutional deprivation for the purposes of § 1983.”) (quoting Pembaur, 475 U.S. at 481-82, 106 S.Ct. 1292). In City of St. Louis v. Praprotnik, 485 U.S. 112, 127, 108 S.Ct. 915, 99 L.Ed.2d 107 (1988), a plurality of the Supreme Court made it clear that to hold a municipality liable for the acts of its employees, a plaintiff cannot just prove that the final policymaking authority knew of the adverse action. The plaintiff must also prove that the final policymaking authority knew that the subordinates took that action for unconstitutional reasons. Id. “If the authorized policymakers approve a subordinate’s decision and the basis for it, their ratification would be chargeable to the municipality because their decision is final.” Id. (emphasis added). “Whether the official in question possessed final policymaking authority is a legal question, which is to be answered on the basis of state law.... The relevant legal materials!] include state and local positive law, as well as custom or usage having the force of law.” Jeffes v. Barnes, 208 F.3d 49, 57 (2d Cir.2000). “As with other questions of state law relevant to the application of federal law, the identification of those officials whose decisions represent the official policy of the local governmental unit is itself a legal question to be resolved by the trial judge before the case is submitted to the jury.” Jett v. Dallas Indep. Sch. Dist, 491 U.S. 701, 737, 109 S.Ct. 2702, 105 L.Ed.2d 598 (1989). The Second Circuit has cautioned that: [i]t is well established in this Circuit that when examining an individual’s status as a policymaker under Monell, the official in question need not be a municipal policymaker for all purposes. Rather, with respect to the conduct challenged, he must be responsible under state law for making policy in that area of the [municipality’s] business, or must have the power to make official policy on a particular issue, or must “possess! ] final authority to establish municipal policy with respect to the action ordered.” Thus, the court must ask whether [the] governmental official [is a] final policymaker! ] for the local government in a particular area, or on [the] particular issue’ involved in the action. Hurdle v. Bd. of Educ. of City of N.Y., 113 Fed.Appx. 423, 425 (2d Cir.2004) (internal citations omitted). The Town argues that defendant Loeffler was not in a position of policy-making authority in the Town of Islip. According to the Town, Eric Hofmeister, the head of the New York State Department of Environmental Conservation (“DEC”), was senior to Chief Harbor Master Loeffler, and therefore was the only policymaker in the department. The Town also argues that the regulation of fishing activities, including placing a ban on the actions constituting fishing activities, is reserved exclusively to New York State under the New York State Environmental Conservation Law. The Court disagrees and concludes that it correctly determined that defendant Loeffler was a policymaker under New York State law. Defendant Loeffler was the “Chief Harbor Master” in the Town of Islip. The evidence during trial suggested that this title afforded Loeffler with complete authority to determine whether an object poses a hazard to navigation in the Town waters. During the trial, Richard Remmer testified that “[normally, as an attorney, I would speak to the attorney for the Town of Islip or the senior person who was handling the matter, which I understood to be Chief Loeffler.” (Tr. 362:11-14.) Furthermore, Officer Pomroy testified that he investigated the location of Sloup’s pots at the instruction of Chief Loeffler: “Q. You speak to the chief and you report this complaint; is that correct? A. Yes. Q. The chief says go check it out, right? A. Something to that effect.” (Tr. 1147:1-5; see also Tr. 1147:17-19 (“Q. In any event, Chief Loeffler ordered you to go out and check it out, correct? A. In some form, yes, he told me to go check it out.”).) There was no indication or testimony suggesting that Loeffler was acting at the direction of another. Chief Harbor Master Loeffler was also in a position of authority sufficient to attempt to negotiate a compromise with Sloup’s attorney regarding the location of Sloup’s crab and fishing pots. (See Tr. 373:9-74:25.) This further suggests that Loeffler certainly had authority with respect to the challenged conduct — that is, regulating the placement of Sloup’s fishing pots and/or imposing a ban on their placement in the harbor areas of the Town of Islip. In fact, during cross-examination of Remmer by the individual defendants’ counsel, it was established that the Chief Harbor Master wields significant control over regulation of the waterways of the Town of Islip: Q: One of the permits that you were looking to have approved was that you wanted to add some dock space, right? A: That’s correct. Q: Has that permit been approved? A: No. * * * Q: And you’re aware that that permit application at some point was put before the harbormaster because it involved the waterways? A: Yes. (Tr. 380:16-381:4 (emphasis added).) Indeed, unlike Officers Pomroy and Sgroi, who appeared to act under the direction or authority of Chief Harbor Master Loeffler, there was no suggestion at trial that the decisions of Loeffler were reviewed for “substantive propriety” by higher supervisory officials. See Praprotnik, 485 U.S. at 129, 108 S.Ct. 915. Loeffler’s actions exhibited more than a mere exercise of discretion, see, e.g., Verri v. Nanna, 972 F.Supp. 773, 794 (S.D.N.Y.1997), and indicated the exercise of policymaking authority over regulation of the waters in the Town of Islip. Thus, there was sufficient evidence for this Court to conclude that defendant Loeffler was a policymaker in the Town of Islip with respect to the use and management of the navigable waters within the Town. Finally, there was evidence from which the jury could conclude that Loeffler, as a policymaker, violated plaintiffs’ constitutional rights by enforcing the above-discussed ban on plaintiffs’ fishing in the Town harbor areas and that defendant Loeffler took action for unconstitutional reasons. See Praprotnik, 485 U.S. at 127, 108 S.Ct. 915. As discussed supra, there was evidence indicating that Loeffler directed Officers Pomroy and Sgroy to impose the ban on plaintiffs. In addition, Sloup testified regarding at least one heated exchange between himself and defendant Loeffler in which Loeffler told him: “If it’s the last thing I do, I’m going to get your buoys out of this bay.” (Tr. 700:6-7.) Plaintiff also testified that when he challenged the ticket he was issued for refusing to move his crab pots, Loeffler stated, “that’s it. Now, get everything out. You’re done in the Town of Islip. Everything out.” (Tr. 712:1-2.) Sloup’s testimony suggested that Loeffler imposed the ban on Sloup as a result of Sloup challenging the ticket. Thus, the Court concludes that there was sufficient evidence from which to conclude that Alan Loeffler was a policymaker in the Town of Islip regarding the use and regulation of the Town’s navigable waters. Furthermore, there was ample evidence upon which the jury could predicate municipal liability based upon the actions of Chief Harbor Master Alan Loeffler. Accordingly, the Court correctly determined that Chief Harbor Master Loeffler was a policymaker as a matter of law, and the Town’s motion for judgment as a law on the issue of policymaker liability is denied. 3. Individual Defendants’ Rule 50(b) Motions The individual defendants move for judgment as a matter of law on each of plaintiffs’ claims. They contend that the evidence was insufficient to find that plaintiffs’ constitutional rights were violated. In evaluating defendants’ motion, the Court is mindful that in considering a motion for judgment as a matter of law, the Court: must draw all reasonable inferences in favor of the nonmoving party, and it may not make credibility determinations or weigh the evidence .... “Credibility determinations, the weighing of the evidence, and the drawing of legitimate inferences from the facts are jury functions, not those of a judge.” ... Thus, although the court should review the record as a whole, it must disregard all evidence favorable to the moving party that the jury is not required to believe. Zellner v. Summerlin, 494 F.3d 344, 370 (2d Cir.2007) (quoting Reeves v. Sanderson Plumbing, 530 U.S. 133, 150-51, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000)). The Court addresses defendants’ arguments regarding each of plaintiffs’ theories of liability in turn, and ultimately concludes that there was sufficient evidence upon which the jury could find defendants liable for violating plaintiffs’ constitutional rights under each theory. a. Substantive Due Process Claim In order to demonstrate a violation of substantive due process rights under the Fourteenth Amendment, a plaintiff must demonstrate that (1) he had a “valid property interest;” and (2) “defendants infringed on that property right in an arbitrary or irrational manner.” Cine SK8 v. Town of Henrietta, 507 F.3d 778, 784 (2d Cir.2007) (citing Harlen Assocs. v. Inc. Vill. of Mineola, 273 F.3d 494, 503 (2d Cir.2001)). Defendants do not take issue with the first prong — i.e., whether Sloup had a valid property interest. However, defendants argue that they did not infringe on Sloup’s property right in an arbitrary or irrational manner. The jury found that they did, and the Court concludes that there is sufficient evidence from which the jury could have reached that conclusion. Accordingly, defendants’ motion for judgment as a matter of law regarding plaintiffs’ substantive due process claim is denied. In order to meet the second prong of a substantive due process claim, plaintiffs must show “that defendants infringed their property right in an arbitrary or irrational manner.” Cine SK8, 507 F.3d at 785. In particular, plaintiffs must show that the government’s infringement was “ ‘arbitrary,’ ‘conscience shocking,’ or ‘oppressive in the constitutional sense,’ not merely ‘incorrect or ill-advised.’ ” Ferran v. Town of Nassau, 471 F.3d 363, 369-70 (2d Cir.2006); see also Harlen Assocs. v. Inc. Vill. of Mineola, 273 F.3d 494, 505 (2d Cir.2001) (“As we have held numerous times, substantive due process ‘does not forbid governmental actions that might fairly be deemed arbitrary or capricious and for that reason correctable in a state court lawsuit.... [Its] standards are violated only by conduct that is so outrageously arbitrary as to constitute a gross abuse of governmental authority.’ ” (quoting Natale v. Town of Ridgefield, 170 F.3d 258, 263 (2d Cir.1999))); Crowley v. Courville, 76 F.3d 47, 52 (2d Cir.1996) (explaining that plaintiff meets second prong of substantive due process test “only when government acts with no legitimate reason for its decision” (citation and quotation marks omitted)); Pina v. Lantz, 495 F.Supp.2d 290, 297 (D.Conn.2007) (“ ‘Mere irrationality is not enough: only the most egregious official conduct, conduct that shocks the conscience, will subject the government to liability for a substantive due process violation based on executive action.’ ” (quoting O’Connor v. Pierson, 426 F.3d 187, 203 (2d Cir.2005) (internal quotation marks omitted))). Defendants argue that plaintiffs’ substantive due process claim must fail because any actions by the defendants were not arbitrary, capricious, or conscience shocking. Instead, defendants contend that Sloup did not have an unfettered right to fish in the waters of Islip; they insist that Sloup’s fishing rights had to safely coexist with the rights of others who used the waters in the Town of Islip. (See Individual Defs.’ Mot. at 4.) According to defendants, the Harbor Masters “had the authority to do what they did.” (Id. at 5.) Specifically, they argue that there was testimony that buoys, fishing traps, and crab pots near the channel could be a hazard to navigation. (See, e.g., Tr. 182:14-18, 186:3-15,192:17-193:3.) However, there was sufficient evidence from which the jury could have concluded that defendants denied plaintiffs their property rights in an irrational, arbitrary, or conscience-shocking manner. Sloup testified that he was told to remove all of his pots from the water — not just those that specifically posed navigational hazards. In June 2004, defendant Pomroy approached Sloup regarding the location of his pots in Champlin’s Creek; plaintiff testified: “He asked me if the crab pots in Champlin’s Creek were mine, and I said yes. He says: Tou have to move them. They’re a hazard to navigation.’ ... I said they’re not a hazard to navigation. They’re off to the side. They’re not in anyone’s way.” (Tr. 707:21-25.) There was further testimony that plaintiff was told by Officer Sgroi that defendant Loeffler had stated that plaintiff could not place his traps in Champlin’s Creek at all. Plaintiff stated: “[a]t that point Mr. Sgroi was there also and he said, you have to move your pots. And Chief Loeffler says you have to put them in the fish trap areas. They have to get out of Champlin’s Creek. They have to go in the fish trap areas out in the bay.” (Tr. 708:16-20; see also Tr. 709:9-10 (“[Officer Pomroy] said either you remove the pots or we’re going to impound them or write you a ticket.”).) Sloup also testified that, during an altercation he had with defendant Loeffler, in response to plaintiff challenging the ticket he received, Loeffler stated, “that’s it. Now, get everything out. You’re done in the Town of Islip. Everything out.” (Tr. 712:1-2; see also Tr. 712:11-17 (“I was directly told to move every single piece of equipment from the harbor areas, and the killie pot. I said: Alan, my killie pots, they’re in a mosquito ditch. He says, I don’t care. Any water in New York State that is navigable water, that a canoe can float in is navigable water and your pots are a hazard to canoes.”).) Indeed, Sloup testified that on multiple occasions, Chief Loeffler reiterated the nature of the ban on plaintiff fishing in the harbor areas of the Town of Islip: Chief Loeffler had drew a line from there’s a side canal by the Qunituck Country Club that goes back from that canal across to what would be the River View Restaurant in Oakdale, and there’s a four mile an hour speed limit that starts basically at that point. To the south is unrestricted speed, to the north would be restricted speed. And I was not allowed to put my gear north of that line which would be the restricted speed. (Tr. 725:13-18.) Moreover, there was evidence from which the jury could have concluded that the defendants acted with malice or bad faith when they issued the ban on plaintiffs. See DeFabio v. E. Hampton Union Free Sch. Dist, 658 F.Supp.2d 461, 485-86 (E.D.N.Y.2009). For example, in addition to the fact that defendants imposed such a ban on plaintiffs, Sloup testified that defendant Loeffler told him: “If it’s the last thing I do, I’m going to get your buoys out of this bay.” (Tr. 700:6-7.) There was further testimony that Officer Pomroy approached plaintiff on at least two separate occasions regarding removing his pots from the harbor areas. Sloup placed his pots back in the waters in early October, but shortly after he did so, he was told to remove them. Sloup testified that he was told by defendant Pomroy: ‘Tou have to take the pots out of Champlin’s Creek. I said: Why? Do you feel there’s a hazard to navigation? He goes: No. Messina says just because you won in court doesn’t mean you can fish in the Town of Islip. Your pots are on Town property.” (Tr. 721:10-14.) Finally, defendants further argue that there is no evidence that the Town Harbor Unit did not enforce this ban against others. However, there was sufficient evidence from which the jury could conclude that the enforcement of this ban against plaintiffs was arbitrary. Mr. Remmer testified that his brother George and John Boucek were fishing in October or November 2004 in Connetquot River (Tr. 330:5-22, 401:6, 401:13-22, 402:16.) Also, plaintiffs presented into evidence a picture that Mrs. Sloup took in October 2004 that shows one of John Boucek’s buoys in the distance. (See, e.g., Tr. 803:15-805:6.) Thus, there was evidence from which the jury could have concluded that defendants enforced a ban on fishing and crabbing in certain waters in the Town of Islip only against plaintiffs. Thus, the Court concludes that there was sufficient evidence to support the jury’s finding that plaintiffs proved, by a preponderance of the evidence, that the defendant imposed a ban on the plaintiff Frank Sloup prohibiting him from fishing in the harbor areas of the Town of Islip in 2004 and that defendants intentionally infringed upon plaintiffs’ property interest in an arbitrary or irrational manner or in a manner that is shocking to the conscience. Thus, the Court denies defendants’ motion for judgment as a matter of law on the substantive due process claim. b. Class of One Claim Defendants contend that they are entitled to judgment as a matter of law on plaintiffs’ class of one claim. The Court disagrees. In a “class of one” case, the plaintiff uses “the existence of persons in similar circumstances who received more favorable treatment than the plaintiff ... to provide an inference that the plaintiff was intentionally singled out for reasons that so lack any reasonable nexus with a legitimate governmental policy that an improper purpose — whether personal or otherwise — is all but certain.” Prestopnik v. Whelan, 249 Fed.Appx. 210, 212-13 (2d Cir.2007). First, defendants argue that plaintiff was not similarly situated to any other fishermen in a manner that would support a class of one claim. Defendants contend that the summons issued to Sloup under Islip Town Code § 37-56 was the only summons ever issued under that section because no one had ever refused to move fishing equipment when asked by a Harbor Master. According to defendants, the Harbor Masters “not only had the right to enforce Islip Town Code § 37-56, they were mandated to do so if there was a violation of the Town Code.” (Individual Defs.’ Opp. at 8.) “A class-of-one plaintiff must show, among other things, ‘an extremely high degree of similarity’ between herself and alleged comparators in order to succeed on an equal protection claim.” Mattison v. Black Point Beach Club Assoc., 376 Fed.Appx. 92, 94 (2d Cir.2010) (quoting Clubside, Inc. v. Valentin, 468 F.3d 144, 159 (2d Cir.2006)). “To succeed on such a claim, the plaintiff must demonstrate that (1) ‘no rational person could regard the circumstances of the plaintiff to differ from those of a comparator to a degree that would justify the differential treatment on the basis of a legitimate government policy,’ and (2) ‘the similarity in circumstances and difference in treatment are sufficient to exclude the possibility that the defendants acted on the basis of a mistake.’ ” Id. (citing Clubside, Inc., 468 F.3d at 159 (internal quotation marks omitted)). At trial, plaintiffs presented evidence that similarly situated fishermen were not subject to the blanket ban (or any ban) that was imposed on plaintiffs. For example, Sloup testified that in October of 2004, John Boucek had a fishing buoy located at the entrance of Qunituck Creek by the harbormaster’s office. Plaintiffs introduced a picture of the buoy, depicting its location. (Tr. 803:15-805:6; see also Tr. 822:9-10 (“I took [this picture] for the purposes of showing that someone else was fishing where I was not allowed to fish.”).) Evidence of even one similarly situated individual is adequate to support a class of one claim. See Viruet v. Connecticut, No. 3:03-CV-1345, 2006 WL 923711, at *4-5, 2006 U.S. Dist. LEXIS 17536, at *12 (D.Conn. Mar. 29, 2006). Captain Timothy Huss, a captain with the New York State Department of Environmental Conservation, also testified that in 2004 and 2005 there were other fishermen fishing in the bay and harbor areas of the Town of Islip. (See Tr. 171:14-24.) Thus, there was adequate evidence from which the jury could conclude that there were similarly situated fishermen to Sloup at the time of the alleged ban who were not subjected to such a ban. In addition, plaintiffs must demonstrate that defendants acted intentionally and with no rational basis for their actions. See, e.g., Prestopnik, 249 Fed.Appx. at 213; Siao-Pao v. Connolly, 564 F.Supp.2d 232, 245 (S.D.N.Y.2008) (“This Court has interpreted the [Vill. of Willowbrook v.] Olech [528 U.S. 562, 120 S.Ct. 1073, 145 L.Ed.2d 1060 (2000) ] standard to require that differential treatment be both intentional and irrational to satisfy the class of one standard.”). “[T]he classic example of irrational government action in a class of one equal protection case ... is an ordinance saying: ‘No one whose last name begins with ‘F’ may use a portable sign in front of a 24-hour food shop, but everyone else may1 .... What makes the ordinance in the example irrational is not simply the act of singling out, but rather that the singling out is done in such an arbitrary way.” Casciani v. Nesbitt, 659 F.Supp.2d 427, 435 (W.D.N.Y.2009) (quoting Flying J Inc. v. City of New Haven, 549 F.3d 538, 547 (7th Cir.2008)). There was sufficient evidence from which the jury could conclude that defendants did not have a rational basis for their ban on plaintiffs’ fishing in the harbor areas and that, rather, the Town’s action was arbitrary and irrational. As discussed extensively supra, there was ample evidence of the existence of a ban on fishing in the harbor areas against plaintiffs. Sloup further testified regarding interactions with defendants Loeffler and Pomroy that suggested that the ban against him was imposed out of personal animus rather than due to a legitimate reason. (See Tr. 721:10-14 (stating that Officer Pomroy told Sloup: ‘You have to take the pots out of Champlin’s Creek. I said: Why? Do you feel there’s a hazard to navigation? He goes: No. Messina says just because you won in court doesn’t mean you can fish in the Town of Islip. Your pots are on Town property.”); see also Tr. 712:1-2 (noting that when Sloup challenged the ticket, Loeffler stated, “that’s it. Now, get everything out. You’re done in the Town of Islip. Everything out.”).) This testimony was sufficient to support a finding that defendants acted intentionally in imposing a ban on plaintiffs and‘that there was no rational basis for their actions. Defendants contend that the actions taken by defendants were discretionary state actions that are entitled to protection under Engquist v. Oregon Department of Agriculture. As noted in this Court’s pri- or opinion, in Engquist, the Supreme Court held that class-of-one plaintiffs must show that the differential treatment received resulted from non-discretionary state action: There are some forms of state action ... which by their nature involve discretionary decisionmaking based on a vast array of subjective, individualized assessments. In such cases the rule that people should be ‘treated alike, under like circumstances and conditions’ is not violated when one person is treated differently from others, because treating like individuals differently is an accepted consequence of the discretion granted. In such situations, allowing a challenge based on the arbitrary singling out of a particular person would undermine the very discretion that such state officials are entrusted to exercise. 553 U.S. 591, 603, 128 S.Ct. 2146, 170 L.Ed.2d 975 (2008); see also Siao-Pao, 564 F.Supp.2d at 245 (“Additionally, the Supreme Court recently clarified the Olech holding by limiting class of one claims in contexts characterized by individualized and subjective determinations .... ”). In particular, defendants argue that Loeffler and Pomroy were taking discretionary state action when they regulated the location of Sloup’s fishing and crabbing pots. However, plaintiffs’ claims are not based on the issuance of a ticket to Sloup, nor on the regulation of the location of individual crabbing and fishing pots belong to Sloup. If the location of individual pots or the issuance of the initial ticket for failure to remove his fishing equipment were solely at issue in this case, Engquist protection might apply. However, the entire theory upon which this case was based was that the defendants implemented a ban on plaintiffs that prevented them from placing fishing equipment in certain waters in the Town of Islip. The jury specifically and explicitly found that such a ban existed by answering “yes” to interrogatory question number one: “Did the plaintiffs prove, by a preponderance of the evidence, that the defendant imposed a ban on the plaintiff Frank Sloup prohibiting him from fishing in the harbor areas of the Town of Islip in 2004?” (Tr. 1569:24-1570:5.) The imposition of a ban, arbitrarily and against only one fisherman, cannot be said to be a discretionary action for which defendants are entitled to protection. Accordingly, Engquist’s exemption of discretionary state actions from equal protection class of one liability is inapplicable. Thus, plaintiffs presented sufficient evidence from which the jury could have reasonably concluded that a preponderance of the evidence indicated that defendants subjected plaintiffs to differential treatment that was arbitrary or irrational and that was not issued as part of a discretionary action that was part of defendants’ job duties. Defendants’ motion for judgment as a matter of law on the class of one claim is accordingly denied. c. Selective Enforcement Claim A plaintiff bringing a selective enforcement claim must also demonstrate that he was treated differently from similarly situated individuals. See Church of the Am. Knights of the Ku Klux Klan v. Kerik, 356 F.3d 197, 210 (2d Cir.2004) (“A selective enforcement claim requires, as a threshold matter, a showing that the plaintiff was treated differently compared to others similarly situated.”). Although some district courts in the Second Circuit have stated that “the standard for ‘similarly situated’ when bringing a selective enforcement claim is the same as in a ‘class of one’ claim,” see, e.g., Kamholtz v. Yates Cnty., No. 08-CV-6210, 2008 WL 5114964, at *5 (W.D.N.Y. Dec. 3, 2008); Dones v. City of N.Y., No. 07 Civ. 3085, 2008 WL 2742108, at *7, 2008 U.S. Dist. LEXIS 53681, at *28 (S.D.N.Y. July 9, 2008), the Court employs the slightly different formulations set forth by the Second Circuit for each claim. As this Court’s Memorandum and Order dated August 21, 2008 noted, if anything, the two standards differ in that the similarly situated standard for class of one claims is more stringent. Accordingly, because the Court concludes that there was sufficient evidence from which the jury could find that plaintiffs were treated differently from others who were similarly situated for the purposes of plaintiffs’ class of one claim, that element is also met for plaintiffs’ selective enforcement claim. The second element of a selective enforcement claim requires plaintiffs to demonstrate that “such selective treatment was based on impermissible considerations such as race, religion, intent to inhibit or punish the exercise of constitutional rights, or malicious or bad faith intent to injure a person.’ ” Freedom Holdings Inc. v. Spitzer, 357 F.3d 205, 234 (2d Cir.2004) (quoting Lisa’s Party City, Inc. v. Town of Henrietta, 185 F.3d 12, 16 (2d Cir.1999)). As discussed in this Court’s August 21, 2008 Memorandum & Order, there is a distinction between a “motivation to punish [in order] to secure compliance with agency objectives,” and “spite, or malice, or a desire to ‘get’ [someone] for reasons wholly unrelated to any legitimate state objective.” Bizzarro v. Miranda, 394 F.3d 82, 87 (2d Cir.2005) (quoting Esmail v. Macrane, 53 F.3d 176, 180 (7th Cir.1995)). There was evidence that the ordinance under which Sloup was issued a ticket had not ever been used to enforce Town fishing regulations before. Sloup testified: “I never heard of this order. I have been fishing all these years. Supposedly this ordinance was written in 1978. And 25 years later, all of a sudden, they come after fishing all these years and no one said anything to me, no one warned me or gave me any kind of heads up that I’m doing something wrong, and I wanted to get a copy to read it personally.” (Tr. 710:11-18.) Here, the jury determined that defendants acted with malice when they imposed a fishing ban on plaintiffs in the waters of the Town of Islip. The mere imposition of such a ban — which was found by the jury to exist — is sufficient to establish malice when there was no basis for banning plaintiffs from all of the waters of the Town. As discussed extensively above, there was ample evidence from which the jury could have concluded that there was a ban against plaintiffs fishing in the harbor areas of the Town of Islip. (See, e.g., Tr. 871:4-7 (“Q: And you recall [Officer Pomroy] specifically telling you at that time that you had to remove all of your pots out of Champlin’s Creek? A: Yes.”); Tr. 950:19-21 (“[Officer Pomroy] told me I could not fish in the harbor areas at all, but I could fish out in the bay in the fish trap areas.”).) Moreover, there was additional evidence, discussed above, from which the jury could have concluded that the ban was imposed in bad faith or based on malice. (See, e.g., Tr. 712:1-2 (testimony by Sloup stating that, when they argued about the issuance of the ticket, Loeffler told Sloup, “that’s it. Now, get everything out. You’re done in the Town of Islip. Everything out.”).) Sloup also testified that defendant Loeffler told him: “If it’s the last thing I do, I’m going to get your buoys out of this bay.” (Tr. 700:6-7.) Officer Pomroy initially instructed Sloup to remove all of his pots from the water in June 2004. In addition to testimony regarding the directive to remove all pots from Champlin’s Creek, plaintiffs presented into evidence Officer Pomroy’s incident report regarding his interaction with Sloup in June 2004 regarding the pots. Q. Would you look at defendant’s exhibit E, please, which is in evidence. Would you read to the jury the factual part beginning with the word responded to above. A. Responded to above incident location on complaint by Mr. McCall, of 171 Woodland Drive, East Islip, of crab traps and buoys posing a hazard to navigation. Upon observing 41 buoys in creek respondent Crabs Unlimited on Orowoc Creek, Islip, I issued summons A64A61790 to above for violating 37.56A of the Islip Town Code. Advised above all traps and buoys must be removed. Q. So you actually told Frank that he had to move all traps and buoys as is indicated in here, correct? A. As the writing says. (Tr. 1155:11-1156:1.) There was also testimony by Captain Timothy Huss, the chief environmental conservation officer with the rank of captain of the DEC (Tr. 127:12-128:6) that Sloup’s pots in Champlin’s Creek were not, in fact, hazards to navigation — or at least that it is not possible that all of the pots were hazards. (See Tr. 154:5-12, 154:21-24.) Furthermore, Sloup testified that shortly after he returned his pots to the water in October 2004, he was told to remove them again by Officer Pomroy, not because they were hazards to navigation, but because they were “on Town property.” (Tr. 721:11— 14.) This testimony, if deemed credible by the jury, was sufficient to establish that the defendants acted in bad faith or with malice by banning plaintiffs from fishing and crabbing in the Town of Islip harbor areas. In sum, the Court concludes that there was sufficient evidence for a reasonable juror to conclude that plaintiffs proved, by a preponderance of the evidence, that they were treated differently from similarly situated individuals and that the differential treatment was intentional and based on malice or bad faith. B. Motions for a New Trial Under Rule 59 1. Standard of Review Under Rule 59(d), a court may order a new trial on its own motion. The rule provides that The court may, on motion, grant a new trial on all or some of the issues and to any party as follows: (A) after a jury trial, for any reason for which a new trial has heretofore been granted in an action at law in federal court .... Fed.R.Civ.P. 59(a)(1)(A). A Rule 59 motion for a new trial “ordinarily should not be granted, unless the trial court is convinced that the jury has reached a seriously erroneous result or that the verdict is a miscarriage of justice.” Kosmynka v. Polaris Indus., Inc., 462 F.3d 74, 82 (2d Cir.2006) (quoting Hygh v. Jacobs, 961 F.2d 359, 365 (2d Cir.1992) (internal citation omitted)). The trial judge has “discretion to grant a new trial if the verdict appears to [the judge] to be against the weight of the evidence.” Kirsch v. Fleet Street, Ltd., 148 F.3d 149, 165 (2d Cir.1998). This discretion “includes overturning verdicts for excessiveness and ordering a new trial without qualification, or conditioned on the verdict winner’s refusal to agree to a reduction (remittitur).” Gasperini v. Center for Humanities, Inc., 518 U.S. 415, 433, 116 S.Ct. 2211, 135 L.Ed.2d 659 (1996). The district court has authority to enter a conditional order of remittitur, compelling a plaintiff to choose between reduction of an excessive verdict and a new trial in at least two distinct kinds of cases: (1) where the court can identify an error that caused the jury to include in the verdict a quantifiable amount that should be stricken, ... and (2) more generally, where the award is ‘intrinsically excessive’ in the sense of being greater than the amount a reasonable jury could have awarded, although the surplus cannot be ascribed to a particular, quantifiable error. Kirsch, 148 F.3d at 165 (quoting Trademark Research Corp. v. Maxwell Online, Inc., 995 F.2d 326, 337 (2d Cir.1993)). Both the Town and the individual defendants argue that the jury reached a “seriously erroneous result” in awarding Sloup $1.8 million in compensatory damages. The defendants argue that this has resulted in a serious miscarriage of justice. 2. The Town’s Rule 59 Motion The Town moves for a new trial under Rule 59 based, in part, on the same arguments it raises in its motion for judgment as a matter of law. To the extent that the Town argues that a new trial is warranted based on plaintiffs’ failure to prove the existence of a municipal policy or custom or the plaintiffs’ failure to demonstrate policymaker liability, the Town’s motion is denied for the same reasons that its Rule 50 motion fails. The Town also argues that jury note number five indicates the jury’s basis for awarding such large compensatory damages. That note read, “we need clarification. What is the Town of Islip’s responsibility with regard to compensatory and punitive damages? Will the Town pay for damages regarding Pomroy and Loeffler?” (Tr. 1563:16-20.) At that point, the Court instructed the jury that an inquiry regarding who would ultimately pay the damages was inappropriate. (See Tr. 1563:21-1564:1 (“The answer to that is, it is irrelevant to your consideration. The issue of whether or not the Town of Islip is responsible for payment for any damages regarding Pomroy or Loeffler is irrelevant and not something that the jury can consider in connection with its deliberations.”).) Although the Town makes much of the fact that “[t]he jury never inquired about the Town’s responsibility absent the conduct of Loeffler and Pomroy,” this does not conclusively demonstrate that the jury found the Town liable solely based on the actions of the individual defendants. The jury verdict specifically found that the “plaintiffs prove[d] by a preponderance of the evidence that the violation of plaintiffs’ constitutional right(s) was pursuant to a long-standing custom or practice of the Town of Islip and that the policymakers approved or were deliberately indifferent to the custom or practice.” (See Verdict Sheet at 3.) The jury further found that “plaintiffs prove[d] by a preponderance of the evidence that defendant Loeffler was a policymaker for the Town of Islip and that the violation of plaintiffs’ constitutional right(s) was caused by the actions of defendant Loeffler acting in his policymaking capacity for the Town of Islip.” (Id. at 4.) Nonetheless, as discussed infra, the Court concludes that the jury verdict of $1.8 million in compensatory damages “shocks the judicial conscience.” 3. Individual Defendants’ Rule 59 Motions The individual defendants move for a new trial under Rule 59(a) on substantially the same grounds upon which they move for judgment as a matter of law. The individual defendants point to several pieces of testimony that were favorable to them: specifically, they point to the testimony of Captain Huss that the DEC does not regulate the placement of eel pots and crab traps, testimony by several witnesses who agreed that fishing buoys and crab traps in the harbor areas could be hazardous to boaters, and testimony by several witnesses that there was no ban against plaintiffs in the harbor areas. (Defs.’ Mot. at 13-15.) However, defendants’ argument is misplaced. As discussed extensively above, there was sufficient evidence to support the jury’s findings that (a) defendants imposed a ban on plaintiff Frank Sloup prohibiting him from fishing in the harbor areas of the Town of Islip in 2004; (b) that plaintiffs’ equal protection rights were violated under a “class of one” theory; (c) that plaintiffs’ equal protection rights were violated by the selective enforcement of Town laws against plaintiffs; and (d) that plaintiffs’ substantive due process rights were violated by defendants. Although the Court recognizes that there was testimony favorable to defendants, “[a]s a matter of law, the credibility of witnesses is exclusively for the determination by the jury.” Cameron v. City of N.Y., 598 F.3d 50, 61 (2d Cir.2010) (citing United States v. Forrester, 60 F.3d 52, 63 (2d Cir.1995)); see also Elyse v. Bridgeside Inc., 367 Fed.Appx. 266, 268 (2d Cir. 2010) (“The district court is authorized to grant a new trial based on the weight of the evidence only if it determines that the jury’s verdict was ‘seriously erroneous,’ or ‘a miscarriage of justice.’ In making its determination, however, the court must refrain from invading the province of the jury to evaluate the credibility of the witnesses.” (internal citation omitted)). Thus, it was well within the province of the jury to decide which testimony to rely upon in reaching its ultimate determination of liability. C. Motion to Set Aside the Verdict Both the Town and the individual defendants have moved, under Rule 59 of the Federal Rules of Civil Procedure, to set aside the $1.8 million in compensatory damages awarded by the jury as excessive. The individual defendants also have moved to set aside the the award of $150,000 in punitive damages against each defendant as excessive. In his summation, plaintiffs’ counsel asked the jury to award three categories of damages. First, plaintiffs’ counsel sought “a couple of hundred thousand” dollars based upon lost income during and after the fishing ban which, according to the plaintiffs’ evidence, existed from approximately June 2004 until November 2004. Second, plaintiffs’ counsel sought the equity lost in the property at 25 Deg-non Avenue (bought by the plaintiff to establish his new business) when that property was the subject of a foreclosure sale in 2007. In particular, counsel argued that, by banning him from certain waters for several months in 2004 and depriving him of income, defendants had caused the foreclosure on that property that began in 2005 and was completed in 2007. Counsel estimated to the jury in his summation, without specific reference to the record, that the equity in that property was at least $550,000. Finally, plaintiffs’ counsel sought an unspecified amount of non-economic damages — for substantial loss of enjoyment of life, inconvenience, and general suffering' — because of the fishing ban. In particular, counsel sought compensation for Frank Sloup having to move to Maryland in 2007 and being apart from his wife during that period as they sought new employment after his foreclosure and bankruptcy. During the trial, plaintiff Sloup was asked on direct examination to summarize the compensation he was seeking in the lawsuit. In response, Sloup requested categories of damages even broader than those being sought by plaintiffs’ counsel: “I’m seeking compensation for loss of my business and home, loss of my customers, loss of business that took me 20 years to build to establish the customer base, loss of having to be away from my wife for six months because we couldn’t afford to live together.” (Tr. 775:20-24.) In the post-trial opposition to defendant’s motion, plaintiffs’ counsel attempts to argue that the economic losses suffered by plaintiffs totaled a minimum of $1.2 million dollars, and a maximum of $1.8 million, based upon the following breakdown: As to economic loss, the Plaintiffs suffered losses in income spanning multiple years as a direct result of the Defendants’ actions. As a direct result of his loss of income, Mr. Sloup eventually lost his commercial property, located at 25 Degnon Blvd., with a market value of approximately $1.3 and $1.9 million dollars, subject to a mortgage of $650,000. In 2004, Plaintiffs’ gross income was reduced $111,232 as compared to 2003. In 2005, Plaintiffs’ gross income was reduced $159,826, as compared to 2003. In 2007, Plaintiffs’ gross income was reduced $300,057 as compared to 2006, as a direct result of losing his commercial property located at 25 Degnon Blvd., the location out of which he conducted business. Additionally, Plaintiffs’ commercial equipment were rendered valueless as a result of the foreclosure. The damages detailed above, at a minimum, approximate $1.2 million, and a maximum, not even considering equipment and other losses, approximate damages of $1.8 million. (Pl.’s Opp. at 15-16.) As discussed in detail below, the Court concludes that, in certain instances, the categories of compensatory damages sought by plaintiffs at trial (and which are used in the post-trial submissions to argue that the $1.8 million award was not excessive) are not recoverable as a matter of law and, in other instances, the particular amounts sought were unsupported by the record. First, with respect to lost income, plaintiff as a matter of law is not entitled to lost gross income; rather, he is only entitled to lost net income, or profits. Nevertheless, both before the jury and in the post-trial submissions, plaintiffs argue for loss of gross income. Moreover, plaintiff seeks years of lost income into 2007, even though it is undisputed the fishing ban ended in 2004 and plaintiff had one of his best years in the fishing business in 2006. There is an insufficient evidentiary basis in the record for a rational jury to find any loss of income in subsequent years after 2004 was proximately caused by the fishing ban in 2004. Thus, the amount of lost income sought during the trial was grossly in excess of any rational number that could be awarded by the jury and cannot justify the $1.8 million verdict. Second, there is a significant question, given the lack of expert testimony and the evidence in the record as a whole, as to whether a rational jury could conclude that the foreclosure sale of 25 Degnon Avenue that took place in 2007 was proximately caused by the fishing ban that existed for several months in 2004. However, the Court need not decide that issue for purposes of this motion because, even assuming arguendo that legal causation was proven, the jury had no basis in the record to determine the amount that plaintiff lost on the property given that there was no evidence regarding the results of the sale of the property in foreclosure in 2007 or plaintiffs actual loss from such sale. Thus, the jury would have had to speculate as to the value of the property and the amount of plaintiffs actual loss with respect to the property following his bankruptcy and the foreclosure sale. Third, although plaintiff could recover for non-economic damages in terms of loss enjoyment of life from not being able to fish during the fishing ban in 2004, plaintiff cannot recover for non-economic losses in terms of having to move to Maryland in 2007 and being separated from his wife after the foreclosure on his property. No rational jury could conclude that those damages in 2007 were proximately caused by the fishing ban in 2004. In short, the jury was left with a demand for damages that was grossly in excess of what the law and the evidence would rationally support. The result was a verdict in an amount that shocks the conscience of the Court and is clearly a gross miscarriage of justice. Moreover, this grossly excessive verdict cannot be corrected with remittitur under the circumstances of the instant case becaus