Evans v. Hardy et al

Filing 157

JUDGMENT pursuant to the April 11, 2014 Jury Verdict, in favor of Shanta Hardy, Avery Cox, Bryant Barden, Derrick Mullins, Shirley McDaniel, and Joann Gray on all Evans's claims against each of them. The jury also returned unanimous verdicts for Evans and against Faron Clemmons and against Moses Jackson. The jury awarded $1,000.00 in compensatory damages, and $10,000.00 in punitive damages, to Evans against Clemmons on the excessive force and deliberate indifference claims against him. The jury awarded $500.00 in compensatory damages, and $8,000.00 in punitive damages, to Evans against Jackson on the deliberate indifference claim against him. Postjudgment interest will accrue at 0.10% per annum from this Order's date until the judgment is paid. 28 U.S.C. § 1961(a)-(b). Signed by Judge D. P. Marshall Jr. on 4/14/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
MARCUS D. EVANS
ADC #109369

v.

PLAINTIFF

No. 2:11-cv-235-DPM

SHANTA HARDY; AVERY COX;
BRYANT BARDEN; DERRICK MULLINS;
SHIRLEY MCDANIEL; FARON CLEMMONS;
MOSES JACKSON, III; and JOANN GRAY

DEFENDANTS

JUDGMENT

Marcus Evans's excessive force, deliberate indifference, and failure to
protect claims were tried to a twelve-person jury from 7 April to 11 April
2014. Mter deliberations, on April11 th the jury returned unanimous verdicts
in favor of Shanta Hardy, Avery Cox, Bryant Barden, Derrick Mullins, Shirley
McDaniel, and Joann Gray on all Evans's claims against each of them. The
jury also returned unanimous verdicts for Evans and against Faron
Clemmons and against Moses Jackson, m. The jury awarded $1,000.00 in
compensatory damages, and $10,000.00 in punitive damages, to Evans against
Clemmons on the excessive force and deliberate indifference claims against
him. The jury awarded $500.00 in compensatory damages, and $8,000.00 in
punitive damages, to Evans against Jackson on the deliberate indifference
claim against him.

--------------------------------------

------------------------

No party requested a poll of the jury. The verdicts, which consist of the
jury's answers to eight sets of questions, are attached and incorporated. The
Court enters judgment for Evans against Clemmons for $11,000.00, and for
Evans against Jackson for $8,500.00, for pos~udgment interest as provided by
law, and for costs as the Court may later allow.

Pos~udgment

interest will

accrue at 0.10% per annum from this Order's date until the judgment is paid.
28 U.S.C. § 1961(a)-(b).

United States District Judge
I *I

-2-

Ar:0f

/).O I

y

Case 2:11-cv-00235-DPM Document 152

VERDICI' NO. 1
1.

On Marcus Evans's excessive force claim against Shanta Hard ,
submitted in Instruction No. 9, we find for:

/shanta

_ _ _ Marcus Evans

Hardy

If you found for Evans on Question 1, then answer Question 2. If you
found for Hardy on Question 1, your deliberations on Hardy are done. Do
not answer Question 2 or Question 3.

2

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 Question 1, and awarded Evans compensatory
damages on Question 2, then answer Question 3.
3.

We

assess

punitive

damages

against

Shanta

Hardy

of

$._______ (state the amount, or, if none, write the word

unone").

Date
Court's Final Verdict Forms -

10 April2014

Evans v. Hardy et al.
2:11-cv-235-DPM

Case 2:11-cv-00235-DPM Document 152 Filed 04/11/14 Page 2 of 9

VERDICI' NO. 2

1.

On Marcus Evans's excessive force claim against Avery Cox, as
submitted in Instruction No. 9, we find for:
_ _ _ Marcus Evans

../"' Avery Cox

If you found for Evans on Question 1, then answer Question 2. If you
found for Cox on Question 1, your deliberations on Cox are done. Do not
answer Question 2 or Question 3.

2.

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 Question 1, and awarded Evans compensatory
damages on Question 2, then answer Question 3.
3.

We assess punitive damages against Avery Cox of$_ _ _ _ _ __
(state the amount, or, if none, write the word "none").

Date
Court's Final Verdict Forms10 April2014

Evans v. Hardy et al.
2:11-cv-235-DPM

·····-·········-------------------------------------

Case 2:11-cv-00235-DPM Document 152 Filed 04/11/14 Page 3 of 9

VERDICT NO. 3
1.

On Marcus Evans's excessive force claim against Bryant Barden, as
submitted in Instruction No. 9, we find for:
____ Marcus Evans

Bryant Barden

If you found for Evans on Question 1, then answer Question 2. If you
found for Barden on Question 1, your deliberations on Barden are done.
Do not answer Question 2 or Question 3.
2

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 Question 1, and awarded Evans compensatory
damages on Question 2, then answer Question 3.
3.

We

assess

punitive

damages

against

Bryant

Barden of

$_______ (state the amount, or, if none, write the word
''none").

Date
Court's Final Verdict Forms -

Evans v. Hardy et al.

10 April2014

2:11-cv-235-DPM

·-·--····-·-------------------------·-····--·-·

Case 2:11-cv-00235-DPM Document 152 Filed 04/11/14 Page 4 of 9

VERDICT NO. 4

1.

On Marcus Evans's excessive force claim against Derrick Mullins, as

submitted in Instruction No.9, we find for:
____ Marcus Evans

/

Derrick Mullins

If you found for Evans on Question 1, then answer Question 2. If you

found for Mullins on Question 1, your deliberations on Mullins are done.
Do not answer Question 2 or Question 3.

2.

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 Question 1, and awarded Evans compensatory
damages on Question 2, then answer Question 3.
3.

We

assess

punitive

damages

against

Derrick

Mullins of

$_______ (state the amount, or, if none, write the word

#none").

Date
Court's Final Verdict Forms10 April2014

Evans v. Hardy et al.
2:11-cv-235-DPM

Case 2:11-cv-00235-DPM Document 152 Filed 04/11/14 Page 5 of 9

VERDICT NO. 5
1.

On Marcus Evans's failure to protect claim against Shirley McDaniel, as

submitted in Instruction No. lOA, we find for:
____ Marcus Evans

/

Shirley McDaniel

If you found for Evans on Question 1, then answer Question 2. If you
found for McDaniel on Question 1, your deliberations on McDaniel are
done. Do not answer Question 2 or Question 3.

2.

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 Question 1, and awarded Evans compensatory

damages on Question 2, then answer Question 3.
3.

We

assess

punitive

damages

against Shirley

McDaniel of

$._______ (state the amount, or, if none, write the word

Date

Court's Final Verdict Forms 10 April2014

Evans v. Hardy et al.
2:11-cv-235-DPM

Case 2:11-cv-00235-DPM Document 152 Filed 04/11/14 Page 6 of 9

VERDier NO. 6
1.

On Marcus Evans's excessive force claim against Faron Clemmons, as

submitted in Instruction No. 9, we find for:

_ ___.L....__ Marcus Evans
2

_ _ _ Faron Oemmons

On Marcus Evans's deliberate indifference 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 or Question 2, then answer Question
3. If you found for Oemmons on Question 1 and Question 2, your
deliberations on Oemmons are done. Do not answer Question 3 or
Question4.
3.

We find Marcus Evans's damages to be $

110 00 ,. 00

(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 Question 2, and awarded Evans
compensatory damages on Question 3, then answer Question 4.

Court's Final Verdict Forms10 April2014

Evans v. Hardy et al.
2:11-cv-235-DPM

Case 2:11-cv-00235-DPM Document 152 Filed 04/11/14 Page 7 of 9

4.

We

assess

punitive

to,ocr>

$
"none").

damages

against Faron Clemmons of

(state the amount, or, if none, write the word

Date

Court's Final Verdict Forms-

10 April2014

Evans v. Hardy et al.
2:11-cv-235-DPM

Case 2:11-cv-00235-DPM Document 152 Filed 04/11/14 Page 8 of 9

VERDICT NO. 7
1.

On Marcus Evans's failure to protect claim against Joann Gray, as
submitted in Instruction No. 10, we find for:

L

____ Marcus Evans

JoannGray

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 Question 2 or Question 3.

2.

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 Question 1, and awarded Evans compensatory
damages on Question 2, then answer Question 3.

3.

$

We

assess

punitive

damages

against

Joann

Gray

of

(state the amount or, if none, write the word none") ..
II

Date
Court's Final Verdict Forms ~
10 April 2014

Evans v. Hardy et al.
2:11-cv-235-DPM

Case 2:11-cv-00235-DPM Document 152 Filed 04/11/14 Page 9 of 9

VERDICT NO. 8
1.

On Marcus Evans's deliberate indifference claim against Moses Jackson,
Ill, as submitted in Instruction No. 11, we find for:

L

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 Question 2 or Question 3.
2.

We find Marcus Evans's damages to be $

'tj {)() •CO

(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

e,, <.x:;C)

(state the amount or, if none, write the word "none").

Date
Court's Final Verdict Forms10 April2014

Evans v. Hardy et al.
2:11-cv-235-DPM