Delaughter v. Woodall et al

Filing 241

FINAL JUDGMENT: Plaintiff Delaughter is awarded judgment against Defendant Gloria Perry in her individual capacity in the amount of $382,000.00 plus post judgment interest. Delaughter's claims against Defendant Michael Hatten are dismissed with prejudice. Delaughter's request for prospective injunctive relief against Dr. Donald Faucett in his official capacity, as successor to Defendant Dr. Gloria Perry is granted. Delaughter's counsel is entitled to reasonable attorney's fees and costs and shall submit a motion for attorney's fees to the Court on or before May 2, 2022. This final judgment shall close the case. Signed by Magistrate Judge Robert H Walker on 3/31/2022 (PKS)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
THAD EVERETT DELAUGHTER
v.

PLAINTIFF
CIVIL ACTION NO. 1:14-cv-00018-RHWR

MICHAEL HATTEN,
GLORIA PERRY, and
DONALD FAUCETT

DEFENDANTS
FINAL JUDGMENT

The claims of Plaintiff Thad Everett Delaughter against Defendants Michael
Hatten and Gloria Perry in their individual capacities came on for trial before the Court
on December 14, 2021, and concluded on December 15, 2021, with the Honorable Robert
H. Walker, United States Magistrate Judge, presiding. The jury heard the evidence and
argument of counsel, received jury instructions, and completed a Verdict Form.
The jury returned upon their oaths, into open Court, a unanimous verdict, finding
in favor of Delaughter against Defendant Dr. Gloria Perry. The jury awarded $382,000.00
in compensatory damages against Dr. Perry, in her individual capacity and no punitive
damages. The jury unanimously concluded in favor of Defendant Michael Hatten, in his
individual and official capacities. In accordance with the Memorandum and Opinion
entered this date, prospective injunctive relief is warranted against Defendant Donald
Faucett.
IT IS, THEREFORE, ORDERED AND ADJUDGED that, Plaintiff
Delaughter is awarded a judgment against Defendant Gloria Perry, in her individual
capacity, in the amount of $382,000.00, plus post-judgment interest at the current

1

prescribed federal rate pursuant to 28 U.S.C. § 1961, from the date of entry of this
Final Judgment until paid in full.
IT IS, FURTHER, ORDERED that, Delaughter’s claims against Defendant
Michael Hatten, in his individual and official capacity, are DISMISSED WITH
PREJUDICE.
IT IS, FURTHER, ORDERED that, Delaughter’s request for prospective
injunctive relief against Defendant Dr. Donald Faucett, in his official capacity, as
successor to Defendant Dr. Gloria Perry, is GRANTED.
IT IS, FURTHER, ORDERED that, Delaughter is entitled to the following
prospective injunctive relief against Defendant Dr. Faucett: Dr. Faucett must obtain
and coordinate Delaughter’s total hip revision, and Dr. Faucett must ensure that his
office keeps detailed records of any action taken to obtain and coordinate Delaughter’s
total hip revision and present them to the Court every three weeks, unless otherwise
excused, until Delaughter’s total hip revision and post-surgical treatment is completed.
IT IS, FURTHER ORDERED that, Delaughter’s counsel is entitled to reasonable
attorney’s fees and costs and shall submit a motion for attorney’s fees to the Court on or
before May 2, 2022.
IT IS, FURTHER ORDERED that, this final judgment shall close the case.
SO ORDERED AND ADJUDGED, this the 31st day of March 2022.

s/ Robert H. Walker______

ROBERT H. WALKER
UNITED STATES MAGISTRATE JUDGE

2