McBroom et al v. Payne et al

Filing 256

JUDGMENT ON THE SECTION 1983 CLAIMS: Ordered that the Plaintiff shall take nothing on her Section 1983 claim, that her Section 1983 claim be dismissed on the merits, and that the Defendant, John Massengill, shall recover costs from the Plaintiff. Signed by District Judge Louis Guirola, Jr on 12/20/10. (JCH)

- J M R McBroom et al v. Payne et al

D o c . 256

UNITED STATES DISTRICT COURT S O U T H E R N DISTRICT OF MISSISSIPPI S O U T H E R N DIVISION

Z E T A MCBROOM V. J O H N MASSENGILL

§ § § § §

P L A IN T I F F C A U S E NO. 1:06cv1222-LG-JMR D E FE N DA N T

J U D G M E N T ON THE SECTION 1983 CLAIM T h is action came on for trial on Monday, December 13, 2010, before the Court and a jury on the Section 1983 claim, with Honorable Louis Guirola, Jr., United States D istrict Judge, presiding. The issues have been duly tried, and the jury has heard all of th e evidence and argument of counsel and received instructions of the Court, including a Verdict Form. The jury retired to consider their verdict and returned upon their oaths, into open Court, the following verdict, to-wit: PART I Q u e s tio n Number One D o you find by a preponderance of the evidence that the Defendant intentionally co m m itt e d acts constituting the use of excessive force against the Plaintiff? A n sw e r "Yes" or "No.": No

IT IS THEREFORE ORDERED AND ADJUDGED that Plaintiff Zeta McBroom sh a ll take nothing on her Section 1983 claim, that her Section 1983 claim be dismissed o n the merits, and that Defendant John Massengill shall recover costs from the Plaintiff. S O ORDERED AND ADJUDGED this the 20 t h d a y of December, 2010.

s/

Louis Guirola, Jr.

L O U I S GUIROLA, JR. U N I T E D STATES DISTRICT JUDGE

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