Kirby v. Roth et al
JUDGMENT; Plaintiff is entitled to judgment in his favor on his claim for pain and suffering damages against Defendants Barbor, Merrill and Dougan in the amount of $1.00. Further judgment is entered in favor of the Defendants regarding Plaintiff's claim of punitive damages. Signed by Honorable James R. Marschewski on December 27, 2011. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
DERROL DEE KIRBY, III
Civil No. 06-2168
JOHN ROTH, Ex-Chief of Police, Barling, Arkansas
Police Department; LARRY MERRILL1, next in charge
under Police Chief, Barling Police Department;
CITY OF BARLING; KEVIN DOUGAN,
Barling Police Department Patrolman; JOHN
BARBOR, Barling Police Department Patrolman
Consistent with the Memorandum Opinion and Order of this same date, the Court finds
Plaintiff is entitled to judgment in his favor on his claim for pain and suffering damages against
Defendants Barbor, Merrill and Dougan in the amount of nominal damages of $1.00.
Judgement is entered in favor of the Defendants regarding Plaintiff’s claim of punitive
IT IS SO ORDERED this 27th day of December 2011.
/s/ J. Marschewski
HON. JAMES R. MARSCHEWSKI
CHIEF U.S. MAGISTRATE JUDGE
At trial, Defendants moved to amend Defendant Larry Merchant’s name to Defendant Larry Merrill. The
motion was granted, and the Clerk of Court is directed to amend the name of record for this defendant.
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