Ramirez v. Ferguson et al

Filing 62

JUDGMENT dismissing claims against Deputy Pop and finding in favor of Lawrence (Larry) Lee Ramirez against the remaining Defendants in the amount of $59,004.00 (individual amounts provided in judgment). Defendants are not entitled to offset the damage award. Defendants are ordered to pay the $350.00 court filing fee. The Clerk is instructed to refund the funds to Plaintiff. This judgment shall bear interest at the rate of.26%. Signed by Honorable Erin L. Setser on March 29, 2011. (src)

Ramirez v. Ferguson et al

Doc. 62

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION LAWRENCE "LARRY" LEE RAMIREZ v. Civil No.: 08-cv-5038 DEFENDANTS PLAINTIFF

SHERIFF KEITH FERGUSON ET AL. J U D G M E N T

For the reasons recited in a Memorandum Opinion of even date, Plaintiff's claims against separate Defendant Deputy Pop are hereby DISMISSED. Judgment is hereby entered in favor of Plaintiff and

against the remaining Defendants in the amount of $59,004.00, which represents: * $500.00 in compensatory damages assessed against Deputy Scott Vanatta in his individual capacity for the use of excessive force upon his first entry into Plaintiff's cell on July 7, 2007; * $5,000.00 in compensatory damages assessed against

Deputies Scott Vanatta, Charles Tomlin and Ivan Torres in their individual capacities, jointly and severally, for the excessive force used against the Plaintiff upon the second entry into Plaintiff's cell on July 7, 2007; * $5,000.00 in punitive damages assessed against Deputy Vanatta in his individual capacity, $5,000.00 in punitive damages assessed against Deputy Tomlin in his individual capacity, and $5,000.00 in punitive damages assessed against Deputy Torres in his individual capacity, for a

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total

of

$15,000.00 force used

in

punitive the

damages, second

for

the into

excessive

upon

entry

Plaintiff's cell on July 7, 2007; * $13,500.00 in compensatory damages assessed against Dr. John Huskins in his individual capacity for deliberate indifference to Plaintiff's mental health needs during Plaintiff's first period of incarceration, and $1.00 in nominal damages assessed against Dr. Huskins in his individual capacity for the same deliberate indifference during Plaintiff's second period of incarceration; * $1.00 in nominal damages and $15,000.00 in punitive damages assessed against Deputy Megan Hadley Rutledge in her individual capacity for deliberate indifference to Plaintiff's mental health needs during his second period of incarceration; and * $2.00 in nominal damages assessed against Sheriff Keith Ferguson and Captain Hunter Petray in both their

individual and official capacities, $5,000.00 in punitive damages assessed against Sheriff Ferguson in his

individual capacity, and $5,000.00 in punitive damages assessed against Captain Petray in his individual

capacity for their deliberate indifference in failing to properly train deputies on booking/intake policies and procedures for inmates with mental health needs.

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Further, Defendants shall be required to pay the court filing fee of $350.00 that has been assessed against the Plaintiff. If

all or any portion of the filing fee has been paid through deductions from Plaintiff's inmate account, the Clerk is instructed to refund the funds to Plaintiff. Finally, Defendants are not entitled to offset the damage award by the costs of Plaintiff's incarceration. This judgment shall bear interest at the rate of .26% from the date of entry until paid. IT IS SO ORDERED this 29th day of March 2011.

/s/ Erin L. Setser HON. ERIN L. SETSER U.S. MAGISTRATE JUDGE

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