Evans v. Hardy et al

Filing 140

ORDER: Attached are the Court's 20 March 2014 working drafts of the preliminary instructions, final instructions, and verdict forms. Any proposed changes or objections should be filed by 31 March 2014. Trial is set for 7 April 2014 and is first out. The Clerk is directed to correct the spelling of the names of defendants Brian Bearden and Shirley McDaniels. Evans's 135 Motion for Default Judgment is denied. Gray's 137 Motion for leave to file answer out of time is granted. [1 39] Motion to dismiss court-appointed counsel is denied for lack of cause. Signed by Judge D. P. Marshall Jr. on 3/20/2014. (Attachments: # 1 Attachment 1 Preliminary Instructions, # 2 Attachment 2 Final Jury Instructions, # 3 Attachment 3 Verdict Forms)(jak)

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VERDICT NO. 1 1. On Marcus Evans's excessive force claim against Shanta Hardy, as submitted in Instruction No.9, we find for: - - - - Marcus Evans 2. _ _ _ Shanta Hardy On Marcus Evans's assault claim against Shanta Hardy, as submitted in Instruction No. 10, we find for: - - - - Marcus Evans 3. ____ Shanta Hardy On Marcus Evans's battery claim against Shanta Hardy, as submitted in Instruction No. 11, we find for: - - - - Marcus Evans ____ Shanta Hardy If you found for Evans on Question 1, 2, or 3, then answer Question 4. If you found for Hardy on Questions 1, 2, and 3, your deliberations on Hardy are done. Do not answer Questions 4 and 5. Court's Working Draft20 March 2014 Evans v. Hardy et al. 2:11-cv-235-DPM 4. We find Marcus Evans's damages to be$ _ _ _ _ _ _ _ _ __ (state the amount, or if you find that Evans's damages have no monetary value, put $1.00). If you found for Evans on Questions 1, 2, or 3, and awarded Evans compensatory damages on Question 4, then answer Question 5. 5. We assess punitive damages against Shanta Hardy of $_ _ _ _ _ _ _ (state the amount, or, if none, write the word "none"). Foreperson Date Court's Working Draft- Evans v. Hardy et al. 20 March 2014 2:11-cv-235-DPM VERDICT NO. 2 1. On Marcus Evans's excessive force claim against A very Cox, as submitted in Instruction No. 9, we find for: - - - - Marcus Evans 2. ____ Avery Cox On Marcus Evans's assault claim against Avery Cox, as submitted in Instruction No. 10, we find for: - - - - Marcus Evans 3. ____ Avery Cox On Marcus Evans's battery claim against Avery Cox, as submitted in Instruction No. 11, we find for: - - - - Marcus Evans ____ Avery Cox If you found for Evans on Question 1, 2, or 3, then answer Question 4. If you found for Cox on Questions 1, 2, and 3, your deliberations on Cox are done. Do not answer Questions 4 and 5. Court's Working Draft20 March 2014 Evans v. Hardy et al. 2:11-cv-235-DPM 4. We find Marcus Evans's damages to be$ _ _ _ _ _ _ _ _ __ (state the amount, or if you find that Evans's damages have no monetary value, put $1.00). If you found for Evans on Questions 1, 2, or 3, and awarded Evans compensatory damages on Question 4, then answer Question 5. 5. We assess punitive damages against Avery Cox of $_ _ _ _ _ __ (state the amount, or, if none, write the word "none"). Foreperson Date Court's Working Draft - Evans v. Hardy et al. 20 March 2014 2:11-cv-235-DPM VERDICT NO. 3 1. On Marcus Evans's excessive force claim against Brian Bearden, as submitted in Instruction No.9, we find for: - - - - Marcus Evans 2. - - - - Brian Bearden On Marcus Evans's assault claim against Brian Bearden, as submitted in Instruction No. 10, we find for: - - - - Marcus Evans 3. - - - - Brian Bearden On Marcus Evans's battery claim against Brian Bearden, as submitted in Instruction No. 11, we find for: - - - - Marcus Evans ____ Brian Barden If you found for Evans on Question 1, 2, or 3, then answer Question 4. If you found for Bearden on Questions 1, 2, and 3, your deliberations on Bearden are done. Do not answer Questions 4 and 5. Court's Working Draft20 March 2014 Evans v. Hardy et al. 2:11-cv-235-DPM 4. We find Marcus Evans's damages to be$ _ _ _ _ _ _ _ _ __ (state the amount, or if you find that Evans's damages have no monetary value, put $1.00). If you found for Evans on Questions 1, 2, or 3, and awarded Evans compensatory damages on Question 4, then answer Question 5. 5. We assess punitive damages against Brian Bearden of $_ _ _ _ _ _ _ (state the amount, or, if none, write the word "none"). Foreperson Date Court's Working Draft- Evans v. Hardy et al. 20 March 2014 2:11-cv-235-DPM VERDICT NO.4 1. On Marcus Evans's excessive force claim against David Richardson, as submitted in Instruction No.9, we find for: - - - - Marcus Evans 2. ____ David Richardson On Marcus Evans's assault claim against David Richardson, as submitted in Instruction No. 10, we find for: - - - - Marcus Evans 3. ____ David Richardson On Marcus Evans's battery claim against David Richardson, as submitted in Instruction No. 11, we find for: - - - - Marcus Evans ____ David Richardson If you found for Evans on Question 1, 2, or 3, then answer Question 4. If you found for Richardson on Questions 1, 2, and 3, your deliberations on Richardson are done. Do not answer Questions 4 and 5. Court's Working Draft20 March 2014 Evans v. Hardy et al. 2:11-cv-235-DPM 4. We find Marcus Evans's damages to be$ _ _ _ _ _ _ _ _ __ (state the amount, or if you find that Evans's damages have no monetary value, put $1.00). If you found for Evans on Questions 1, 2, or 3, and awarded Evans compensatory damages on Question 4, then answer Question 5. 5. We assess punitive damages against David Richardson of $_ _ _ _ _ _ _ (state the amount, or, if none, write the word "none"). Foreperson Court's Working Draft20 March 2014 Date Evans v. Hardy et al. 2:11-cv-235-DPM VERDICT NO.5 1. On Marcus Evans's excessive force claim against Kenneth Carlock, as submitted in Instruction No.9, we find for: - - - - Marcus Evans 2. - - - - Kenneth Carlock On Marcus Evans's assault claim against Kenneth Carlock, as submitted in Instruction No. 10, we find for: - - - - Marcus Evans 3. - - - - Kenneth Carlock On Marcus Evans's battery claim against Kenneth Carlock, as submitted in Instruction No. 11, we find for: - - - - Marcus Evans - - - - Kenneth Carlock If you found for Evans on Question 1, 2, or 3, then answer Question 4. If you found for Carlock on Questions 1, 2, and 3, your deliberations on Carlock are done. Do not answer Questions 4 and 5. Court's Working Draft 20 March 2014 Evans v. Hardy et al. 2:11-cv-235-DPM 4. We find Marcus Evans's damages to be$ _ _ _ _ _ _ _ _ __ (state the amount, or if you find that Evans's damages have no monetary value, put $1.00). If you found for Evans on Questions 1, 2, or 3, and awarded Evans compensatory damages on Question 4, then answer Question 5. 5. We assess punitive damages against Kenneth Carlock of $_ _ _ _ _ _ _ (state the amount, or, if none, write the word "none"). Foreperson Court's Working Draft20 March 2014 Date Evans v. Hardy et al. 2:11-cv-235-DPM VERDICT NO. 6 1. On Marcus Evans's excessive force claim against Derrick Mullins, as submitted in Instruction No.9, we find for: - - - - Marcus Evans 2. ____ Derrick Mullins On Marcus Evans's assault claim against Derrick Mullins, as submitted in Instruction No. 10, we find for: - - - - Marcus Evans 3. ____ Derrick Mullins On Marcus Evans's battery claim against Derrick Mullins, as submitted in Instruction No. 11, we find for: ____ Marcus Evans - - - - Derrick Mullins If you found for Evans on Question 1, 2, or 3, then answer Question 4. If you found for Mullins on Questions 1, 2, and 3, your deliberations on Mullins are done. Do not answer Questions 4 and 5. Court's Working Draft20 March 2014 Evans v. Hardy et al. 2:11-cv-235-DPM 4. We find Marcus Evans's damages to be$ _ _ _ _ _ _ _ _ __ (state the amount, or if you find that Evans's damages have no monetary value, put $1.00). If you found for Evans on Questions 1, 2, or 3, and awarded Evans compensatory damages on Question 4, then answer Question 5. 5. We assess punitive damages against Derrick Mullins of $_ _ _ _ _ _ _ (state the amount, or, if none, write the word "none"). Foreperson Court's Working Draft20 March 2014 Date Evans v. Hardy et al. 2:11-cv-235-DPM VERDICT NO. 7 1. On Marcus Evans's excessive force claim against Shirley McDaniels, as submitted in Instruction No.9, we find for: - - - - Marcus Evans 2. ____ Shirley McDaniels On Marcus Evans's assault claim against Shirley McDaniels, as submitted in Instruction No. 10, we find for: - - - - Marcus Evans 3. ____ Shirley McDaniels On Marcus Evans's battery claim against Shirley McDaniels, as submitted in Instruction No. 11, we find for: - - - - Marcus Evans ____ Shirley McDaniels If you found for Evans on Question 1, 2, or 3, then answer Question 4. If you found for McDaniels on Questions 1, 2, and 3, your deliberations on McDaniels are done. Do not answer Questions 4 and 5. Court's Working Draft20 March 2014 Evans v. Hardy et al. 2:11-cv-235-DPM 4. We find Marcus Evans's damages to be$ _ _ _ _ _ _ _ _ __ (state the amount, or if you find that Evans's damages have no monetary value, put $1.00). If you found for Evans on Questions 1, 2, or 3, and awarded Evans compensatory damages on Question 4, then answer Question 5. 5. We assess punitive damages against Shirley McDaniels of $._ _ _ _ _ _ _ (state the amount, or, if none, write the word "none"). Foreperson Court's Working Draft 20 March 2014 Date Evans v. Hardy et al. 2:11-cv-235-DPM VERDICT NO. 8 1. On Marcus Evans's excessive force claim against Faron Clemmons, as submitted in Instruction No. 9, we find for: - - - - Marcus Evans 2. - - - - Faron Clemmons On Marcus Evans's assault claim against Faron Clemmons, as submitted in Instruction No. 10, we find for: - - - - Marcus Evans 3. ____ Faron Clemmons On Marcus Evans's battery claim against Faron Clemmons, as submitted in Instruction No. 11, we find for: - - - - Marcus Evans - - - - Faron Clemmons If you found for Evans on Question 1, 2, or 3, then answer Question 4. If you found for Clemmons on Questions 1, 2, and 3, your deliberations on Clemmons are done. Do not answer Questions 4 and 5. Court's Working Draft20 March 2014 Evans v. Hardy et al. 2:11-cv-235-DPM 4. We find Marcus Evans's damages to be$ _ _ _ _ _ _ _ _ __ (state the amount, or if you find that Evans's damages have no monetary value, put $1.00). If you found for Evans on Questions 1, 2, or 3, and awarded Evans compensatory damages on Question 4, then answer Question 5. 5. We assess punitive damages against Faron Clemmons of $_ _ _ _ _ _ _ (state the amount, or, if none, write the word unone"). Fore person Date Court's Working Draft- Evans v. Hardy et al. 20 March 2014 2:11-cv-235-DPM VERDICT NO. 9 1. On Marcus Evans's failure to protect claim against Joann Gray, as submitted in Instruction No. 12, we find for: - - - - Marcus Evans ____ Joann Gray If you found for Evans on Question 1, then answer Question 2. If you found for Gray on Question 1, your deliberations on Gray are done. Do not answer Questions 2 and 3. 2. We find Marcus Evans's damages to be$ ___________ (state the amount, or if you find that Evans's damages have no monetary value, put $1.00). If you found for Evans on Question 1, and awarded Evans compensatory damages on Question 2, then answer Question 3. 3. We assess $ Foreperson Court's Working Draft13 March 2014 punitive damages against Joann Gray of (state the amount or, if none, write the word unone"). Date Evans v. Hardy et al. 2:11-cv-235-DPM VERDICT NO. 10 1. On Marcus Evans's deliberate indifference claim against Moses Jackson, III, as submitted in Instruction No. 13, we find for: - - - - Marcus Evans ____ Moses Jackson, III If you found for Evans on Question 1, then answer Question 2. If you found for Jackson on Question 1, your deliberations on Jackson are done. Do not answer Questions 2 and 3. 2. We find Marcus Evans's damages to be$ _ _ _ _ _ _ _ _ __ (state the amount, or if you find that Evans's damages have no monetary value, put $1.00). If you found for Evans on Question 1, and awarded Evans compensatory damages on Question 2, then answer Question 3. 3. We assess punitive damages against Moses Jackson, III of $ (state the amount or, if none, write the word unone"). Foreperson Date Court's Working Draft- Evans v. Hardy et al. 20 March 2014 2:11-cv-235-DPM

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