Croston v. Hobbs et al

Filing 109

ORDER: The Court appreciates the parties' proposed jury instructions. The Court is attaching its current working drafts of the voir dire, the preliminary instructions, the final instructions, and the interrogatories. The Court has concluded that the issues are better submitted as a deliberate-indifference claims as opposed to excessive-force claims. The Court has framed the elements instructions accordingly. Please file any objection or comment about the voir dire and preliminary instructio ns by noon on Friday, July 8. Hold fire on the final instructions and interrogatories. Those will be taken up on Monday at the pretrial. Signed by Judge D. P. Marshall Jr. on 7/7/2016. (Attachments: # 1 Document Voir Dire, # 2 Document Preliminary Instructions, # 3 Document Final Instructions, # 4 Document Interrogatories)(jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION

DETRICK D. CROSTON
ADC#l31172
v.

PLAINTIFF

No. 5:13-cv-217-DPM

RODERICK COOKSEY

DEFENDANT

ORDER
1. The Court appreciates the parties' proposed jury instructions. The

Court is attaching its current working drafts of (1) the voir dire, (2) the
preliminary instructions, (3) the final instructions, and (4) the interrogatories.
2. The Court has concluded that the issues are better submitted as

deliberate-indifference claims as opposed to excessive-force claims. E.g.,

Whitley v. Albers, 475 U.S. 312, 320-21 (1986). The Court has framed the
elements instructions accordingly.
3. Please file any objection or comment about the voir dire and
preliminary instructions by noon on Friday, July 8th. Hold your fire on the
final instructions and interrogatories. We'll take up those on Monday at the
pretrial.

So Ordered.
I~

D.P. Marshall Jr.
United States District Judge
~OJ(_,

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