Avery et al v. Brown et al

Filing 76

JUDGMENT entered in favor of Plainiff Karen Walls, as next friend of Chaderious Avery, a minor, against defendant Roderick Shelby in the amount of $6,002.00. Signed by Judge Kristine G. Baker on 12/21/2012. (dmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KAREN WALLS, as next friend of
CHADARIOUS AVERY, a minor
v.

PLAINTIFF

Case No. 5:11-cv-174-KGB

RODERICK SHELBY

DEFENDANT
JUDGMENT

This matter came for trial by jury on the 17th day of December, 2012. Plaintiff Karen
Walls, as next friend of Chaderious Avery, a minor, appeared through her attorney John Jason
Boyeskie. Defendant Roderick Shelby in his individual capacity appeared through his attorney
Gene E. McKissic.

Defendants Gerald Robinson and Roderick Shelby, in their official

capacities, and Sheriff Gerald Robinson, in his individual capacity, appeared through their
attorney, C. Burt Newell. All parties announced ready for trial. A jury of twelve was selected
and sworn.
The claims against defendants Gerald Robinson and Roderick Shelby, in their official
capacities, and Sheriff Gerald Robinson, in his individual capacity, resolved before the case was
submitted to the jury.
On December 19, 2012, the jury returned a verdict as follows:

VERDICT FORM NO. 1
NOTE:

Complete this form by writing in the names required by your verdict.

Question 1: On plaintiff Karen Walls’ claim against defendant Roderick Shelby, as
submitted in Instruction No. 6, we find in favor of
Karen Walls
Plaintiff Karen Walls

or

Defendant Roderick Shelby
/s/ Rufus Henson Jr.
Foreperson

Dated: 19 Dec 2012
NOTE:

Complete Question 2 only if you found in favor of plaintiff on Question 1.

Question 2: We find Karen Walls’ damages to be:
$6000

(state the amount or, if you find that the plaintiff’s
damages have no monetary value, state the nominal
amount of $1.00)
/s/ Rufus Henson Jr.
Foreperson

Dated: 19 Dec 2012
NOTE:

You may not award punitive damages against defendant unless you have
first found against the defendant in Question 1 and awarded the plaintiff
nominal or actual damages in Question 2.

Question 3: We assess punitive damages against defendant Roderick Shelby as follows:
$ none

(state the amount or, if none, write the word
“none”)
/s/ Rufus Henson Jr.
Foreperson

Dated: 19 Dec 2012

2

VERDICT FORM NO. 2
NOTE:

Complete this form by writing in the names required by your verdict.

Question 1: On plaintiff Karen Walls’ claim against defendant Roderick Shelby, as
submitted in Instruction No. 10, we find in favor of
Karen Walls
Plaintiff Karen Walls

or

Defendant Roderick Shelby
/s/ Rufus Henson Jr.
Foreperson

Dated: 19 Dec 2012
NOTE:

Complete Question 2 only if you found in favor of plaintiff on Question 1.

Question 2: We find Karen Walls’ damages to be:
$1.00

(state the amount or, if you find that the plaintiff’s
damages have no monetary value, state the nominal
amount of $1.00)
/s/ Rufus Henson Jr.
Foreperson

Dated: 19 Dec 2012
NOTE:

You may not award punitive damages against defendant unless you have
first found against the defendant on Question 1 and awarded the plaintiff
nominal or actual damages on Question 2.

Question 3: We assess punitive damages against defendant Roderick Shelby as follows:
$ none

(state the amount or, if none, write the word
“none”)
/s/ Rufus Henson Jr.
Foreperson

Dated: 19 Dec 2012

3

VERDICT FORM NO. 3
NOTE:

Complete this form by writing in the names required by your verdict.

Question 1: On plaintiff Karen Walls’ claim against defendant Roderick Shelby, as
submitted in Instruction No. 11, we find in favor of
Karen Walls
Plaintiff Karen Walls

or

Defendant Roderick Shelby
/s/ Rufus Henson Jr.
Foreperson

Dated: 19 Dec 2012
NOTE:

Complete Question 2 only if you found in favor of plaintiff on Question 1.

Question 2: We find Karen Walls’ damages to be:
$1.00

(state the amount or, if you find that the plaintiff’s
damages have no monetary value, state the nominal
amount of $1.00)

/s/ Rufus Henson Jr.
Foreperson
Dated: 19 Dec 2012
NOTE:

You may not award punitive damages against defendant unless you have
first found against the defendant on Question 1 and awarded the plaintiff
nominal or actual damages on Question 2.

Question 3: We assess punitive damages against defendant Roderick Shelby as follows:
$ none

(state the amount or, if none, write the word
“none”)
/s/ Rufus Henson Jr.
Foreperson

Dated: 19 Dec 2012

4

Judgment is therefore entered in favor of Plaintiff Karen Walls, as next friend of
Chaderious Avery, a minor, against defendant Roderick Shelby in the amount of $6,002.00.
SO ORDERED this 21st day of December, 2012.

__________________________________
Kristine G. Baker
United States District Judge

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