Evans v. Hardy et al

Filing 144

ORDER regarding the drafts of Instructions. Attached are the new drafts including Preliminary Instructions, Jury Instructions, and Verdict Forms. These current drafts will be discussed at 8:30 a.m. Monday morning at the final pretrial. Signed by Judge D. P. Marshall Jr. on 4/2/2014. (Attachments: # 1 Exhibit Preliminary Instructions, # 2 Exhibit Jury Instructions, # 3 Exhibit Verdict Form)(jak)

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FILED U.S. DISTRICT COURT EASTERN O.IS+RICT ARKANSAS APR 0 2 2014 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS i~~E~'· 1M,f,~ACK, CLER~ EASTERN DIVISION DEPCLERIC MARCUS D. EVANS ADC #109369 v. PLAINTIFF No. 2:11-cv-235-DPM SHANTA HARDY, Officer, East Arkansas Regional Unit, ADC; AVERY COX; BRIAN BEARDEN; DAVID RICHARDSON; KENNETH CARLOCK; DERRICK MULLINS; SHIRLEY MCDANIELS; FARON CLEMMONS; MOSES JACKSON, III; and JOANN GRAY DEFENDANTS ORDER The Court notes and appreciates the parties' suggestions and objections, NQ 142 & 143, to the Court's working draft of instructions. New drafts are attached. I've tried to address most of the points in some way. A few are overruled. We'll discuss the current drafts at 8:30 Monday morning at the final pretrial. 1. Evans • 1-4: I've deleted references to names of particular officers in the statement of the case and preliminary instructions. I need to hear from Defendants, and hear the proof, before deciding which claims are submitted against which Defendant. • 5-7: Adopted. • 8: I've created draft 12A about McDaniels, but am uncertain whether I'll instruct. • 9: I will incorporate Clemmons and Gray into draft No. 13, but am uncertain whether I'll instruct. • 10: Adopted. • 11: We'll see on spoliation. 2. Defendants • 1:01: I've revised the excessive-force and deliberateindifference sections as suggested. • 1:02: Overruled. • 1:06: Adopted. • 1:07: Adopted. • 3: Revised some, otherwise overruled. quotation is unhelpful. • 14: No change for now. I need to hear from Evans on this. • 16: Adopted. The Roberts So Ordered. D.P. Marshall Jr. United States District Judge -2-

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