Hope v. Allen et al (INMATE1)

Filing 70

JUDGMENT is entered in favor of defendants Roosevelt Pettaway, Anthony Barber, and Tericus Dinkins and against plaintiff Larrie Hope, with plaintiff Hope taking nothing by his complaint. Ordered that costs are taxed against plaintiff Hope, for which execution may issue. The Clerk of 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 7/22/09. (Attachments: # 1 Civil Appeals Checklist)(sl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION LARRIE HOPE, Plaintiff, v. ROOSEVELT PETTAWAY, ANTHONY BARBER, and TERICUS DINKINS, in their individual capacities, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:07cv210-MHT (WO) JUDGMENT On July 21, 2009, after this cause had been submitted to a jury, the unanimous verdict was returned as follows: a. May plaintiff Larrie Hope prevail on his claim against defendant Roosevelt Pettaway of unconstitutional use of excessive force? Yes _______ No X b. May plaintiff Larrie Hope prevail on his claim against defendant Anthony Barber of unconstitutional use of excessive force? Yes No c. X May plaintiff Hope prevail on his claim against defendant Tericus Dinkins for unconstitutional deliberate indifference for failing to protect him from the alleged use of excessive force by Pettaway and Barber? Yes _______ No X XXX SO SAY WE ALL. /s/ Ludie A. Smith Foreperson DATED: July 21, 2009 It is therefore the ORDER, JUDGMENT, and DECREE of the court that Judgment is entered in favor of defendants Roosevelt Pettaway, Anthony Barber, and Tericus Dinkins and against plaintiff Larrie Hope, with plaintiff Hope taking nothing by his complaint. It is further ORDERED that costs are taxed against plaintiff Hope, 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 22nd day of July, 2009. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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