Maxwell/G-Doffee v. Clerk et al

Filing 148

ORDER granting as modified 147 Motion. Motions in limine due by 7/29/2016; responses due by 8/5/2016. Pre-trial disclosures, trial briefs, and jury instructions due by 8/10/2016. The Court asks the parties to think about the distinction of Maxwell/G-Doffee's first claim and address it in their proposed instructions and pre-trial submissions. Signed by Judge D. P. Marshall Jr. on 7/15/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ROBERT THOMAS MAXWELI/G-DOFFEE
ADC #108778

v.

PLAINTIFF

No. 5:13-cv-291-DPM-JJV

RICHARD CLARK, Sgt., ADC Maximum
Security Unit, and RODERICK L. COOKSEY, JR.,
Corporal, ADC Maximum Security Unit

DEFENDANTS

ORDER
1. Motion, Ng 147, granted as modified. Motions in limine due by
29 July 2016; responses due by 5 August 2016. Pre-trial disclosures, trial

briefs, and jury instructions due by 10 August 2016.
2. The Court has previously referred to Maxwell/ G-Doffee' s first claim
as an excessive force claim; and many of the acts described in his complaint
fit that framework.

But acts that never serve a legitimate penological

purpose-like sexual assault-are better submitted in terms of deliberate
indifference. E.g., Whitley v. Albers, 475 U.S. 312, 320-21 (1986). The Court
asks the parties to think about this distinction and address it in their proposed
instructions and pre-trial submissions.

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So Ordered.

D.P. Marshall Jr.
United States District Judge

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