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)
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 Draft2 April2014
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
$._ _ _ _ _ _ _ (state the amount, or, if none, write the word
"none").
Foreperson
Court's Working Draft 2 April2014
Date
Evans v. Hardy et al.
2:11-cv-235-DPM
VERDICT NO. 2
1.
On Marcus Evans's excessive force claim against Avery Cox, as
submitted in Instruction No. 9, we find for:
- - - - Marcus Evans
2.
____ Avery Cox
On Marcus Evans's assault claim against Avery Cox, as submitted in
Instruction No. 10, we find for:
____ Marcus Evans
3.
____ Avery Cox
On Marcus Evans's battery claim against Avery Cox, as submitted in
Instruction No. 11, we find for:
____ Marcus Evans
____ Avery Cox
If you found for Evans on Question 1, 2, or 3, then answer Question 4. If
you found for Cox on Questions 1, 2, and 3, your deliberations on Cox are
done. Do not answer Questions 4 and 5.
Court's Working Draft2 April2014
Evans v. Hardy et al.
2:11-cv-235-DPM
4.
We find Marcus Evans's damages to be$ _ _ _ _ _ _ _ _ __
(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 $_ _ _ _ _ __
(state the amount, or, if none, write the word "none").
Foreperson
Court's Working Draft 2 Apri12014
Date
Evans v. Hardy et al.
2:11-cv-235-DPM
VERDICT NO. 3
1.
On Marcus Evans's excessive force claim against Brian Bearden, as
submitted in Instruction No. 9, we find for:
____ Marcus Evans
2.
- - - - Brian Bearden
On Marcus Evans's assault claim against Brian Bearden, as submitted
in Instruction No. 10, we find for:
- - - - Marcus Evans
3.
- - - - Brian Bearden
On Marcus Evans's battery claim against Brian Bearden, as submitted
in Instruction No. 11, we find for:
____ Marcus Evans
- - - - Brian Barden
If you found for Evans on Question 1, 2, or 3, then answer Question 4. If
you found for Bearden on Questions 1, 2, and 3, your deliberations on
Bearden are done. Do not answer Questions 4 and 5.
Court's Working Draft 2 Apri12014
Evans v. Hardy et al.
2:11-cv-235-DPM
4.
We find Marcus Evans's damages to be$ _ _ _ _ _ _ _ _ __
(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
$_ _ _ _ _ _ _ (state the amount, or, if none, write the word
"none").
Foreperson
Court's Working Draft 2 Apri12014
Date
Evans v. Hardy et al.
2:11-cv-235-DPM
VERDICT NO.4
1.
On Marcus Evans's excessive force claim against David Richardson, as
submitted in Instruction No. 9, we find for:
- - - - Marcus Evans
2.
____ David Richardson
On Marcus Evans's assault claim against David Richardson, as
submitted in Instruction No. 10, we find for:
- - - - Marcus Evans
3.
- - - - David Richardson
On Marcus Evans's battery claim against David Richardson, as
submitted in Instruction No. 11, we find for:
- - - - Marcus Evans
- - - - David Richardson
If you found for Evans on Question 1, 2, or 3, then answer Question 4. If
you found for Richardson on Questions 1, 2, and 3, your deliberations on
Richardson are done. Do not answer Questions 4 and 5.
Court's Working Draft2 April2014
Evans v. Hardy et al.
2:11-cv-235-DPM
4.
We find Marcus Evans's damages to be$ _ _ _ _ _ _ _ _ __
(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
$_ _ _ _ _ _ _ (state the amount, or, if none, write the word
"none").
Foreperson
Court's Working Draft 2 April2014
Date
Evans v. Hardy et al.
2:11-cv-235-DPM
VERDICT NO. 5
1.
On Marcus Evans's excessive force claim against Kenneth Carlock, as
submitted in Instruction No. 9, we find for:
- - - - Marcus Evans
2.
____ Kenneth Carlock
On Marcus Evans's assault claim against Kenneth Carlock, as submitted
in Instruction No. 10, we find for:
- - - - Marcus Evans
3.
____ Kenneth Carlock
On Marcus Evans's battery claim against Kenneth Carlock, as submitted
in Instruction No. 11, we find for:
- - - - Marcus Evans
____ Kenneth Carlock
If you found for Evans on Question 1, 2, or 3, then answer Question 4. If
you found for Carlock on Questions 1, 2, and 3, your deliberations on
Carlock are done. Do not answer Questions 4 and 5.
Court's Working Draft2 Apri12014
Evans v. Hardy et al.
2:11-cv-235-DPM
4.
We find Marcus Evans's damages to be$ _ _ _ _ _ _ _ _ __
(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
$_ _ _ _ _ _ _ (state the amount, or, if none, write the word
"none").
Foreperson
Court's Working Draft 2 Apri12014
Date
Evans v. Hardy et al.
2:11-cv-235-DPM
VERDICT NO. 6
1.
On Marcus Evans's excessive force claim against Derrick Mullins, as
submitted in Instruction No. 9, we find for:
- - - - Marcus Evans
2.
- - - - Derrick Mullins
On Marcus Evans's assault claim against Derrick Mullins, as submitted
in Instruction No. 10, we find for:
- - - - Marcus Evans
3.
- - - - Derrick Mullins
On Marcus Evans's battery claim against Derrick Mullins, as submitted
in Instruction No. 11, we find for:
____ Marcus Evans
____ Derrick Mullins
If you found for Evans on Question 1, 2, or 3, then answer Question 4. If
you found for Mullins on Questions 1, 2, and 3, your deliberations on
Mullins are done. Do not answer Questions 4 and 5.
Court's Working Draft2 April2014
Evans v. Hardy et al.
2:11-cv-235-DPM
4.
We find Marcus Evans's damages to be$ _ _ _ _ _ _ _ _ __
(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
$_ _ _ _ _ _ _ (state the amount, or, if none, write the word
"none").
Foreperson
Court's Working Draft 2 April2014
Date
Evans v. Hardy et al.
2:11-cv-235-DPM
VERDICT NO. 7
1.
On Marcus Evans's excessive force claim against Shirley McDaniels, as
submitted in Instruction No. 9, we find for:
- - - - Marcus Evans
2.
____ Shirley McDaniels
On Marcus Evans's assault claim against Shirley McDaniels, as
submitted in Instruction No. 10, we find for:
____ Marcus Evans
3.
____ Shirley McDaniels
On Marcus Evans's battery claim against Shirley McDaniels, as
submitted in Instruction No. 11, we find for:
____ Marcus Evans
4.
_ _ _ Shirley McDaniels
On Marcus Evans's failure to protect claim against Shirely McDaniels,
as submitted in Instruction No. 12A, we find for:
____ Marcus Evans
Court's Working Draft2 April2014
_ _ _ Shirely McDaniels
Evans v. Hardy et al.
2:11-cv-235-DPM
If you found for Evans on Question 1, 2, 3, or 4, then answer Question 5. If
you found for McDaniels on Questions 1, 2, 3, and 4, your deliberations on
McDaniels are done. Do not answer Questions 5 and 6.
5.
We find Marcus Evans's damages to be$ _ _ _ _ _ _ _ _ __
(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, 3, or 4, and awarded Evans
compensatory damages on Question 5, then answer Question 6.
6.
We assess punitive
damages against Shirley McDaniels of
$_ _ _ _ _ _ _ (state the amount, or, if none, write the word
"none").
Foreperson
Court's Working Draft2 Apri12014
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
4.
____ Faron Clemmons
On Marcus Evans's deliberate indifference claim against Faron
Clemmons, as submitted in Instruction No. 13, we find for:
____ Marcus Evans
Court's Working Draft 2 April2014
____ Faron Clemmons
Evans v. Hardy et al.
2:11-cv-235-DPM
If you found for Evans on Question 1, 2, 3, or 4, then answer Question 5. If
you found for Clemmons on Questions 1, 2, 3, and 4, your deliberations on
Clemmons are done. Do not answer Questions 5 and 6.
5.
We find Marcus Evans's damages to b e $ - - - - - - - - - (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, 3, or 4, and awarded Evans
compensatory damages on Question 5, then answer Question 6.
6.
We
assess
punitive
damages
against
Faron
Clemmons of
$_ _ _ _ _ _ _ (state the amount, or, if none, write the word
"none").
Foreperson
Court's Working Draft2 April2014
Date
Evans v. Hardy et al.
2:11-cv-235-DPM
VERDICT NO. 9
1.
On Marcus Evans's failure to protect claim against Joann Gray, as
submitted in Instruction No. 12, we find for:
____ Marcus Evans
2.
_ _ _ Joann Gray
On Marcus Evans's deliberate indifference claim against Joann Gray, as
submitted in Instruction No. 13, we find for:
____ Marcus Evans
____ Joann Gray
If you found for Evans on Question 1 or 2, then answer Question 3. If you
found for Gray on Questions 1 and 2, your deliberations on Gray are done.
Do not answer Questions 3 and 4.
3.
We find Marcus Evans's damages to be$ _ _ _ _ _ _ _ _ __
(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 or 2, and awarded Evans
compensatory damages on Question 3, then answer Question 4.
Court's Working Draft2 Apri12014
Evans v. Hardy et al.
2:11-cv-235-DPM
4.
We
assess
punitive
damages
against
Joann
Gray
of
$________ (state the amount or, if none, write the word "none").
Foreperson
Court's Working Draft2 April2014
Date
Evans v. Hardy et al.
2:11-cv-235-DPM
VERDICT NO. 10
1.
On Marcus Evans's deliberate indifference claim against Moses Jackson,
III, as submitted in Instruction No. 13, we find for:
- - - - Marcus Evans
____ Moses Jackson, III
If you found for Evans on Question 1, then answer Question 2. If you
found for Jackson on Question 1, your deliberations on Jackson are done.
Do not answer Questions 2 and 3.
2.
We find Marcus Evans's damages to be$ _ _ _ _ _ _ _ _ __
(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 "none").
Foreperson
Court's Working Draft2 Apri12014
Date
Evans v. Hardy et al.
2:11-cv-235-DPM
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?