Kirby v. Roth et al

Filing 111

AMENDED JUDGMENT re 104 Judgment in accordance with the rulings of this Court and the remand by the Court of Appeals for the Eighth Circuit, the plaintiff is awarded judgment against the defendants John Roth, Larry Merrill, Kevin Dougan and John Bar bor in the following amounts: $167.42 for medical bills and $100.00 for pain and suffering; further with respect to the City of Barling, the city was directed to file revised policies regarding the use of tasers and the use of force continu um. The policies were provided to the Court on 10/13/11 (Doc. 101 ); further pursuant to 42USC1988, plaintiff is awarded $4005.00 in attorney's fees and costs and defendants are jointly and severally liable for payment of these sums. Signed by Honorable James R. Marschewski on April 24, 2012. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION

DERROL DEE KIRBY, III
v.

PLAINTIFF
Civil No. 06-2168

JOHN ROTH, Ex-Chief of Police,
Barling, Arkansas, Police Department;
LARRY MERCHANT, next in charge under
Police Chief, Barling Police Department;
CITY OF BARLING; KEVIN DOUGAN,
Patrolman, Barling Police Department; and
JOHN BARBOR, Patrolman, Barling
Police Department

DEFENDANTS

AMENDED JUDGMENT
In accordance with the rulings of this Court and the remand by the Court of Appeals for the
Eighth Circuit, the Plaintiff is hereby awarded judgment against the Defendants John Roth, Larry
Merrill, Kevin Dougan, and John Barbor in the following amounts: $167.42 for medical bills; and
$100 for pain and suffering.
With respect to the City of Barling, the City was directed to file revised policies regarding
the use of tasers and the use of force continuum. The revised policies were provided to the Court
on October 13, 2011 (Doc. 101)
Finally, pursuant to 42 U.S.C. § 1988, Plaintiff is awarded $4005 in attorney’s fees and
costs. Defendants are jointly and severally liable for payment of these sums.
IT IS SO ORDERED this 24th day of April 2012.
/s/ J. Marschewski
HON. JAMES R. MARSCHEWSKI
CHIEF UNITED STATES MAGISTRATE JUDGE
-1-

AO72A
(Rev. 8/82)