Croston v. Hobbs et al

Filing 119

JUDGMENT for Cooksey and against Croston's sexual assault, sexual harassment, and verbal threats claims and dismissing these claims with prejudice following the jury trial. The Court thanks Croston's appointed lawyers for their service. The y are relieved as counsel and they are entitled to reimbursement for their reasonable out-of-pocket expenses. Any reimbursement request due by 7/29/2016. Cooksey is entitled to a reasonable costs as allowed by Federal Rule of Civil Procedure 54 (d) and 28 U.S.C. § 1920. Any motion for costs due by 7/29/2016. Signed by Judge D. P. Marshall Jr. on 7/13/2016. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION DETRICK D. CROSTON ADC #131172 v. PLAINTIFF No. 5:13-cv-217-DPM WENDY KELLEY, Director, Arkansas Department of Correction; MARVIN EV ANS, ADC; RAYMOND NAYLOR, ADC; THOMAS ROWLAND, ADC; WILLIAM STRAUGHN, Maximum Security Unit, ADC; STEVE OUTLAW, Maximum Security Unit, ADC; MAURICE WILLIAMS, Maximum Security Unit, ADC; GREG SOCIA, Maximum Security Unit, ADC; RODERICK COOKSEY; MORRIS, Sergeant, Maximum Security Unit; and MARSH, Correctional Officer, Maximum Security Unit DEFENDANTS JUDGMENT 1. Before trial, the Court dismissed many of Croston' s claims against various defendants. His official-capacity claims for money damages were dismissed with prejudice. His claims against Kelley, Evans, Naylor, and Rowland were dismissed without prejudice. And his claims against Straughn, Outlaw, Williams, Socia, Morris, and Marsh were dismissed with prejudice. NQ 66. Shortly before trial, Croston' s bribery claim against Cooksey was dismissed with prejudice too. NQ 105. 2. Croston' s claims against Cooksey for sexual assault, sexual harassment, and verbal threats were tried to a twelve-person jury from 11 July 2016 to 12 July 2016. The Court denied Cooksey's two motions for judgment as a matter of law. After deliberations on July 12th, the jury returned a unanimous verdict in favor of Cooksey on all three claims. N!! 116. No party asked for a poll of the jury. 3. The Court incorporates and enters judgment on the jury's verdict for Cooksey and against Croston on Croston' s sexual assault, sexual harassment, and verbal threats claims. All three claims are dismissed with prejudice. 4. The Court thanks Croston' s appointed lawyers for their service. They are relieved as counsel. And they are entitled to reimbursement for their reasonable out-of-pocket expenses. LOCAL RULE 83.6. Any reimbursement request due by 29 July 2016. 5. As the prevailing party, Cooksey is entitled to his reasonable costs as allowed by Federal Rule of Civil Procedure 54(d) and 28 U.S.C. ยง 1920. Any motion for costs due by 29 July 2016. -2- D.P. Marshall Jr. {/ United States District Judge -3-

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