McAlphin v. Does et al

Filing 161

JUDGMENT is entered in favor of defendant Dennis Carnes and against plaintiff James McAlphin. Signed by Judge Kristine G. Baker on 1/31/2019. (cmn)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JAMES MCALPHIN
v.

PLAINTIFF
Case No. 5:15-cv-00214 KGB

DENNIS CARNES

DEFENDANT
JUDGMENT

This matter came for trial by jury on the 29th day of January, 2019. Plaintiff James
McAlphin appeared with his attorney Mark H. Allison. Defendant Dennis Carnes appeared with
his attorneys William C. Bird, III, and LaKesia Rhea Morrison. All parties announced ready for
trial. A jury of twelve was selected and sworn.
On January 31, 2019, the jury returned a verdict as follows:

VERDICT
Note:

Complete Question 1 by writing in the name required by your verdict. After you
have done so, please have the foreperson sign and date your response to Question
1 and proceed to Question 2.

Question 1:

On plaintiff James McAlphin’s state law claim against defendant Dennis Carnes as
submitted in Instruction No. 4, we find in favor of

Defendant Dennis Carnes
Plaintiff James McAlphin

or

Defendant Dennis Carnes

/s/ Bennie Lackie
Foreperson
Dated: January 31, 2019

2

Note:

Complete Question 2 if you found in favor of plaintiff James McAlphin in response
to Question 1. After you have done so, please have the foreperson sign and date
your response to Question 2 and proceed to Question 3. If you found in favor of
defendant Dennis Carnes in response to Question 1, please do not respond to
Question 2 and instead proceed to Question 3.

Question 2:

We, the jury, find that plaintiff James McAlphin has proved by a preponderance of
the evidence on his state law claim that defendant Dennis Carnes’ conduct was:
Negligent
Malicious
(Please put an “X” by either negligent or malicious)

_____________________________
Foreperson
Dated: ___________________

3

Note:

If you find in favor of plaintiff James McAlphin in response to Question 1, then
you should answer Question 3. After you have done so, please have the foreperson
sign and date your response to Question 3 and proceed to Question 4. If you found
in favor of defendant Dennis Carnes in response to Question 1, please do not answer
Question 3 and instead proceed to Question 4.

Question 3:

On defendant Dennis Carnes’ claim of immunity as set forth in Instruction No. 10,
has defendant Dennis Carnes proved by the preponderance of the evidence that he
is not covered by liability insurance for the acts or omissions alleged in this case?

____________ Yes

No
(Please put an “X” by either “Yes” or “No”)

_____________________________
Foreperson
Dated: ___________________

4

Note:

Complete Question 4 by writing in the name required by your verdict. After you
have done so, please have the foreperson sign and date your response to Question
4 and proceed to Question 5.

Question 4:

On plaintiff James McAlphin’s claim against defendant Dennis Carnes, for
violation of plaintiff James McAlphin’s 42 U.S.C. § 1983 civil rights as submitted
in Instruction No. 11, we find in favor of

Defendant Dennis Carnes
Plaintiff James McAlphin

or

Defendant Dennis Carnes

/s/ Bennie Lackie
Foreperson
Dated: January 31, 2019

5

Note:

Please complete Question 5 only if the answer to Question 1 or Question 4 is in
favor of plaintiff James McAlphin. If you answer Question 5, please have the
foreperson sign and date your answer to Question 5 and proceed to Question 6. If
you found in favor of defendant Dennis Carnes in response to Question 1 and
Question 4, do not answer Question 5 and tell the Court Security Officer that your
deliberations are concluded.

Question 5:

We find plaintiff James McAlphin’s damages as submitted in actual damages
Instruction No. 14 and nominal damages Instruction No. 15 to be:

$

(stating the amount, or, if you find that plaintiff James

McAlphin’s damages do not have a monetary value, write in the nominal amount
of One Dollar ($1.00), or, if none, write the word “none”)

_____________________________
Foreperson
Dated: ___________________

6

Note:

You may not award punitive damages against defendant Dennis Carnes in response
to Question 6 unless you have first awarded plaintiff James McAlphin actual or
nominal damages in response to Question 5 and determined that defendant Dennis
Carnes’s conduct was malicious or recklessly indifferent as set forth in Instruction
No. 16. If you complete Question 6, please have the foreperson sign and date your
answer to Question 6 and then please alert the Court Security Officer that your
deliberations are concluded. If you do not answer Question 6, please stop and alert
the Court Security Officer that your deliberations are concluded.

Question 6:

We assess punitive damages as submitted in Instruction No. 16 against defendant
Dennis Carnes as follows:
$

(state the amount, or, if none, write the word “none”)

_____________________________
Foreperson
Dated: ___________________

Judgment is therefore entered in favor of defendant Dennis Carnes and against plaintiff
James McAlphin.
It is so ordered this 31st day of January, 2019.

____________________________________
Kristine G. Baker
United States District Judge

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