The following excerpt is from Ricketts v. City of Hartford, 74 F.3d 1397 (2nd Cir. 1996):
Moreover, the record does not reveal what findings were made or what action was taken, if any, with respect to the prior complaint. In Berkovich, the defendant officer had been exonerated of six of seven complaints that the plaintiff sought to admit under Rule 404(b). Id. at 1023. Noting " 'that the strength of the evidence establishing the similar act is one of the factors the court may consider when conducting the Rule 403 balancing,' " id. (quoting Huddleston v. United States, 485 U.S. 681, 689 n. 6, 108 S.Ct. 1496, 1501 n. 6, 99 L.Ed.2d 771 (1988)), we determined that:
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