Evans v. Hardy et al
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)
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~
MARCUS D. EVANS
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
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
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.
I've created draft 12A about McDaniels, but am
uncertain whether I'll instruct.
I will incorporate Clemmons and Gray into draft No.
13, but am uncertain whether I'll instruct.
We'll see on spoliation.
1:01: I've revised the excessive-force and deliberateindifference sections as suggested.
Revised some, otherwise overruled.
quotation is unhelpful.
No change for now. I need to hear from Evans on this.
D.P. Marshall Jr.
United States District Judge
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