RICHARDSON et al v. QUITMAN COUNTY, GEORGIA

Filing 116

ORDER granting 94 Motion to Vacate. Ordered by Judge Clay D. Land on 06/24/2013 (jcs)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
DENISE RICHARDSON
RICHARDSON,

and

CALVIN *
*

Plaintiffs,
*
vs.

CASE NO. 4:11-CV-124 (CDL)
*

COREY MASON,
*
Defendant.
*
O R D E R
In this action brought pursuant to 42 U.S.C. § 1983, the
jury returned a verdict in favor of Plaintiffs awarding each of
them

$2,500,000

against

individual capacity.

Defendant,

a

deputy

sheriff,

in

his

Jury Verdict (Mar. 22, 2013), ECF No. 82.

The jury also made certain specific factual findings in response
to

special

interrogatories

designed

to

assist

the

ruling upon Defendant’s qualified immunity defense.

Court

Id.

in

Before

the Court had an opportunity to rule upon Defendant’s qualified
immunity defense, judgment was entered in favor of Plaintiffs on
the

jury

verdict.

Judgment

(Mar.

26,

2013),

ECF

No.

87.

Although the jury must resolve all factual disputes upon which a
qualified immunity defense is based, the ultimate decision as to
whether a government official is entitled to qualified immunity
is a legal one that rests entirely with the Court.
Breeden, 280 F.3d 1308, 1318 (11th Cir. 2002).

Johnson v.

And until the

qualified immunity issue is decided, judgment cannot be entered.
Accordingly, Defendant’s motion to vacate the judgment (ECF No.
94) is granted.1
IT IS SO ORDERED, this 24th day of June, 2013.
S/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE

1

Although the judgment should not have been entered, the Court notes
that execution of it was stayed pending the Court’s ruling on
Defendant’s qualified immunity defense. Judgment (Mar. 26, 2013), ECF
No. 87.
Therefore, as a practical matter, Defendant has not been
prejudiced by the premature entry of judgment.

2