Babovec v. Richards et al

Filing 92

JUDGMENT. Signed by Judge Kristine G. Baker on 03/06/2017. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
ROBIN BABOVEC, as Special Administratrix
of the Estate of CASEY BABOVEC, deceased
v.

PLAINTIFF

Case No. 4:13-cv-00699 KGB

MIKE RICHARDS, et al.

DEFENDANTS
JUDGMENT

This matter came for trial by jury on the 26th day of January, 2015. Plaintiff Robin
Babovec, as special administratrix of the estate of Casey Babovec, appeared through her attorney
James Swindoll. Defendants Mike Richards; Tonya Parker; Calvin Reed; Sam Griffin; Dion
McGuire; Ryan McKinley; David Fenton; James Payne; Nancy Shellnut; Bruce Pennington, in his
official and individual capacities; and Saline County, Arkansas, appeared through their attorney
George Ellis. All parties announced ready for trial. A jury of 12 was selected and sworn.
On January 31, 2015, the jury returned an interrogatory verdict (Dkt. No. 45) as follows:
VERDICT
INTERROGATORY NO. 1
You must answer this question. Do you find from a greater weight of the evidence that Mike
Richards showed deliberate indifference as to the serious medical need of Casey Babovec as
explained in Instruction No. 8?
ANSWER:

No
(YES or NO)
/s
FOREPERSON
January 31, 2015
DATE

INTERROGATORY NO. 2
You must answer this question. Do you find from a greater weight of the evidence that Mike
Richards’s subordinates used excessive force against the person of Casey Babovec and that Mike
Richards made a culpable choice between action or inaction in the supervision or control of those
subordinates as explained in Instruction No. 9?
ANSWER:
(YES or NO)

FOREPERSON

DATE

INTERROGATORY NO. 3
You must answer this question. Do you find from a greater weight of the evidence that Tonya
Parker showed deliberate indifference as to the serious medical need of Casey Babovec as explained
in Instruction No. 8?
ANSWER:

No
(YES or NO)
/s

FOREPERSON
January 31, 2015
DATE

2

INTERROGATORY NO. 4
You must answer this question. Do you find from a greater weight of the evidence that Tonya
Parker used excessive force against the person of Casey Babovec as explained in Instruction No. 9?
ANSWER:

No
(YES or NO)
/s

FOREPERSON
January 31, 2015
DATE

INTERROGATORY NO. 5
You must answer this question. Do you find from a greater weight of the evidence that Calvin
Reed showed deliberate indifference as to the serious medical need of Casey Babovec as explained
in Instruction No. 8?
ANSWER:

No
(YES or NO)
/s

FOREPERSON
January 31, 2015
DATE

3

INTERROGATORY NO. 6

You must answer this question. Do you find from a greater weight of the evidence that Calvin
Reed used excessive force against the person of Casey Babovec as explained in Instruction No. 9?
ANSWER:
(YES or NO)

FOREPERSON

DATE

INTERROGATORY NO. 7
You must answer this question. Do you find from a greater weight of the evidence that Sam
Griffin showed deliberate indifference as to the serious medical need of Casey Babovec as explained
in Instruction No. 8?
ANSWER:

No
(YES or NO)
/s

FOREPERSON
January 31, 2015
DATE

4

INTERROGATORY NO. 8
You must answer this question. Do you find from a greater weight of the evidence that Sam
Griffin used excessive force against the person of Casey Babovec as explained in Instruction No. 9?

ANSWER:

No
(YES or NO)
/s

FOREPERSON
January 31, 2015
DATE

INTERROGATORY NO. 9
You must answer this question. Do you find from a greater weight of the evidence that Dion
McGuire showed deliberate indifference as to the serious medical need of Casey Babovec as
explained in Instruction No. 8?
ANSWER:

No
(YES or NO)
/s

FOREPERSON
January 31, 2015
DATE

5

INTERROGATORY NO. 10
You must answer this question. Do you find from a greater weight of the evidence that Dion
McGuire used excessive force against the person of Casey Babovec as explained in Instruction No.
9?
ANSWER:

No
(YES or NO)
/s

FOREPERSON
January 31, 2015
DATE

INTERROGATORY NO. 11
You must answer this question. Do you find from a greater weight of the evidence that Ryan
McKinley showed deliberate indifference as to the serious medical need of Casey Babovec as
explained in Instruction No. 8?
ANSWER:

No
(YES or NO)
/s

FOREPERSON
January 31, 2015
DATE

6

INTERROGATORY NO. 12
You must answer this question. Do you find from a greater weight of the evidence that Ryan
McKinley’s subordinates used excessive force against the person of Casey Babovec and that Ryan
McKinley made a culpable choice between action or inaction in the supervision or control of those
subordinates as explained in Instruction No. 9?
ANSWER:

No
(YES or NO)
/s

FOREPERSON
January 31, 2015
DATE

INTERROGATORY NO. 13
You must answer this question. Do you find from a greater weight of the evidence that David
Fenton showed deliberate indifference as to the serious medical need of Casey Babovec as explained
in Instruction No. 8?
ANSWER:

No
(YES or NO)
/s

FOREPERSON
January 31, 2015
DATE

7

INTERROGATORY NO. 14
You must answer this question. Do you find from a greater weight of the evidence that David
Fenton used excessive force against the person of Casey Babovec as explained in Instruction No. 9?
ANSWER:

No
(YES or NO)
/s

FOREPERSON
January 31, 2015
DATE

INTERROGATORY NO. 15
You must answer this question. Do you find from a greater weight of the evidence that James
Payne showed deliberate indifference as to the serious medical need of Casey Babovec as explained
in Instruction No. 8?
ANSWER:

No
(YES or NO)
/s

FOREPERSON
January 31, 2015
DATE

8

INTERROGATORY NO. 16
You must answer this question. Do you find from a greater weight of the evidence that James
Payne used excessive force against the person of Casey Babovec as explained in Instruction No. 9?
ANSWER:

No
(YES or NO)
/s

FOREPERSON
January 31, 2015
DATE

INTERROGATORY NO. 17
You must answer this question. Do you find from a greater weight of the evidence that Nancy
Shellnut showed deliberate indifference as to the serious medical need of Casey Babovec as explained
in Instruction No. 8?
ANSWER:

No
(YES or NO)
/s

FOREPERSON
January 31, 2015
DATE

9

INTERROGATORY NO. 18
You must answer this question. Do you find from a greater weight of the evidence that Nancy
Shellnut used excessive force against the person of Casey Babovec as explained in Instruction No. 9?
ANSWER:

No
(YES or NO)
/s

FOREPERSON
January 31, 2015
DATE

INTERROGATORY NO. 19
If you find by the greater weight of the evidence that one or more defendant showed deliberate
indifference as to the serious medical need of Casey Babovec by answering “yes” to Interrogatory
No. 1, 3, 5, 7, 9, 11, 13, 15, or 17, please answer this Interrogatory No. 19.
Do you find from a greater weight of the evidence that Bruce Pennington in his individual
capacity resulted in the lack of medical care for Casey Babovec as explained in Instruction No. 10?
ANSWER:
(YES or NO)

FOREPERSON

DATE

10

INTERROGATORY NO. 20
If you find by the greater weight of the evidence that one or more defendant showed deliberate
indifference as to the serious medical need of Casey Babovec by answering “yes” to Interrogatory
No. 1, 3, 5, 7, 9, 11, 13, 15, or 17, please answer this Interrogatory No. 20.
Do you find from a greater weight of the evidence that an official policy, practice, or custom
of County of Saline and Bruce Pennington in his official capacity resulted in a lack of medical care
for Casey Babovec as explained in Instruction No. 11?
ANSWER:
(YES or NO)

FOREPERSON

DATE
INTERROGATORY NO. 21
If you find by the greater weight of the evidence that one or more defendant showed deliberate
indifference as to the serious medical need of Casey Babovec by answering “yes” to Interrogatory
No. 1, 3, 5,7, 9, 11, 13, 15, or 17, please answer this Interrogatory No. 21.
Do you find from a greater weight of the evidence that a failure to train by County of Saline
and Bruce Pennington in his official capacity resulted in a lack of medical care for Casey Babovec as
explained in Instruction No. 12?
ANSWER:
(YES or NO)

FOREPERSON

DATE
11

INTERROGATORY NO. 22
Please answer this Interrogatory No. 22 only if you have answered “yes” to any one of
Interrogatory Nos. 1-18.
State the amount of any damages which you find from a greater weight of the evidence were
sustained by the Estate of Casey Babovec as explained in Instruction No. 13 or nominal damages as
explained in Instruction No. 14.
ANSWER:
(YES or NO)

FOREPERSON

DATE

Based on the jury’s verdicts, this Court enters judgment in favor of defendants Tonya Parker,
Sam Griffin, Dion McGuire, Ryan McKinley, David Fenton, James Payne, and Nancy Shellnutt on
all counts. The Court enters judgment in favor of defendants Mike Richards and Calvin Reed as to
plaintiff’s claim alleging deliberate indifference to the serious medical need of Casey Babovec as set
forth in Interrogatory Nos. 1 and 5, respectively. The Court enters judgment in favor of defendant
Bruce Pennington in his individual capacity on plaintiff’s claim that a failure to train by Mr.
Pennington in his individual capacity resulted in a lack of medical care for Casey Babovec, as set
forth in Interrogatory No. 19. The Court enters judgment in favor of defendant Bruce Pennington in
his official capacity and Saline County, Arkansas, on plaintiff’s claims that a failure to train by Mr.
Pennington in his official capacity and Saline County, Arkansas, resulted in a lack of medical care for
Casey Babovec and plaintiff’s claim that an official policy, practice, or custom of Mr. Pennington in

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his official capacity and Saline County, Arkansas, resulted in a lack of medical care for Casey
Babovec, as set forth in Interrogatory Nos. 20 and 21.
The Court previously declared a mistrial as to plaintiff’s claim that defendant Mike Richards’s
subordinates used excessive force against the person of Casey Babovec and that Mike Richards made
a culpable choice between action or inaction in the supervision or control of those subordinates and
plaintiff’s claim that defendant Calvin Reed used excessive force against the person of Casey
Babovec, as set forth in Interrogatory Nos. 2 and 6 (Dkt. No. 50). The Court now dismisses without
prejudice those remaining claims pending against defendants Mike Richards and Calvin Reed
pursuant to the agreement to dismiss jointly filed by the remaining parties (Dkt. No. 91).
It is so adjudged this the 6th day of March, 2017.

____________________________________
Kristine G. Baker
United States District Judge

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