Rochell v. City of Springdale Police Department et al

Filing 185

ORDER on 183 Jury Verdict. Signed by Honorable Timothy L. Brooks on September 23, 2021. (src)

N THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
JOHNNIE ROCHELL, JR.
v.

PLAINTIFF
CASE NO. 5:16-CV-5093

CODY ROSS

DEFENDANT
ORDER ON JURY VERDICT

On the 20th day of September, 2021, this matter came before the Court for trial to
a duly qualified and selected jury consisting of eight members. After three days of trial the
jury was instructed on applicable law and the case was submitted on interrogatories,
whereupon the jury retired to deliberate its verdict. Thereafter, the jury returned to open
court and delivered the following verdict:
INTERROGATORY NO. 1: Do you find by a preponderance of the evidence that Officer
Ross used excessive force in arresting Mr. Rochell?
Answer: YES
/s/ Jury Foreperson

September 22, 2021

INTERROGATORY NO. 2: Do you find by a preponderance of the evidence that Officer
Ross’s actions were the direct cause of any actual damages sustained by Mr. Rochell?
Answer: NO
/s/ Jury Foreperson

September 22, 2021

INTERROGATORY NO. 3-B: If you answered “no” to Interrogatory No. 2, meaning that
any damages sustained have no monetary value, you must nevertheless award nominal
damages in the amount of One Dollar ($1.00).
Nominal Damages: $1.00
/s/ Jury Foreperson

September 22, 2021
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INTERROGATORY NO. 4: Do you find by a preponderance of the evidence that Officer
Ross’s conduct involved reckless or callous indifference to Mr. Rochell’s Fourth
Amendment rights?
Answer: YES
/s/ Jury Foreperson

September 22, 2021

INTERROGATORY NO. 5: If you answered “yes” to Interrogatory No. 4, then determine
whether you wish to award Mr. Rochell an additional amount of money as punitive
damages. If you wish to award such punitive damages, state the amount you find
appropriate, keeping in mind that the amount of punitive damages should bear a
reasonable relationship to the harm caused to Mr. Rochell.
Punitive Damages: $7,000.00
/s/ Jury Foreperson

September 22, 2021

The Court found no irregularity as to the form of the verdict and the foreperson confirmed
that the jury was unanimous in each of its responses. Neither party requested polling.
The jury was then discharged of its duties and the trial was adjourned. A Judgment will
follow. The Plaintiff may submit a Motion for Fees and Costs by no later than October 7,
2021.
IT IS SO ORDERED this 23rd day of September, 2021.

________________________________
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE

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