Averette v. Copeland et al (INMATE2)

Filing 58

JUDGMENT It is therefore the Order, Judgment, and Decree of the court that judgment is entered in favor of defendants Willie Copeland and Annie Latimore and against plaintiff Zavius Antwan Averette, with plaintiff Averette taking nothing by his compl aint; It is further Ordered that costs are taxed against plaintiff Averette, for which execution may issue; The clerk of the court is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Myron H. Thompson on 12/3/08. (Attachments: # 1 appeals checklist)(vma, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

ZAVIUS ANTWAN AVERETTE, Plaintiff, v. WILLIE COPELAND and ANNIE LATIMORE, Defendants.

) ) ) ) ) ) ) ) ) ) JUDGMENT

CIVIL ACTION NO. 2:06cv399-MHT (WO)

On

December

1,

2008,

after

this

cause

had

been

submitted to a jury, a verdict was returned as follows: 1. May plaintiff Zavius Antwan Averette prevail on his claim against defendant Willie Copeland of unconstitutional use of excessive force? Yes _______ No X 2. May plaintiff Averette prevail on his claim against defendant Copeland for assault and battery? Yes _______ No X

3. May plaintiff Averette prevail on his claim against defendant Latimore for unconstitutional deliberate indifference for failing to protect him from Copeland's alleged use of excessive force? Yes _______ No X 4. May plaintiff Averette prevail on his claim against defendant Latimore for conspiracy to commit assault and battery? Yes _______ No X XXX SO SAY WE ALL. /s/ Ronald Thomas Pinckard Foreperson DATED: 12/01/08 It is therefore the ORDER, JUDGMENT, and DECREE of the court that judgment is entered in favor of defendants Willie Copeland and Annie Latimore and against plaintiff Zavius Antwan Averette, with plaintiff Averette taking nothing by his complaint. It is further ORDERED that costs are taxed against plaintiff Averette, for which execution may issue. 2

The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. DONE, this the 3rd day of December, 2008.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE