McCollum, et al. v. Robeson County, et al.

Filing 483

SECOND AMENDED JUDGMENT. Signed by deputy clerk for Peter A. Moore, Jr., Clerk of Court on 4/20/2023. (Stouch, L.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
J. DUANE GILLIAM, Guardian of the Estate of
Leon Brown, RAYMOND C. TARLTON,
Guardian Ad Litem for Henry Lee McCollum,
KIMBERLY PINCHBECK, as Limited Guardian
and Conservator of the Estate of
Henry Lee McCollum,
Plaintiffs,
v.
ROBESON COUNTY, TOWN OF RED
SPRINGS, KENNETH SEALEY, both
Individually and in his Official Capacity as the
Sheriff of Robeson County, LARRY FLOYD,
LEROY ALLEN, PAUL CANADY,
Administrator C.T.A. of the Estate of Luther
Haggins, ROBERT PRICE, Administrator
C.T.A. of the Estate of Joel Garth Locklear, Sr.,
CHARLOTTE NOEL FOX, Administrator of the
Estate of Kenneth Snead,
Defendants.

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SECOND
AMENDED
JUDGMENT
5:15-CV-451-BO

DECISION BY THE COURT.
Consistent with the March 8, 2023 decision of the United States Court of Appeals for the Fourth
Circuit [DE 476], and this Court’s order entered April 20, 2023, granting plaintiffs’ unopposed
motion to amend the judgment, IT IS ORDERED, ADJUDGED AND DECREED, pursuant to
the Court’s order entered May 27, 2016, that plaintiffs’ claims against defendant Robeson
County are dismissed with prejudice.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED, pursuant to the Court’s order
entered June 20, 2018, that defendants Town of Red Springs, Larry Floyd, and Paul Canady,
Administrator C.T.A. of the Estate of Luther Haggins, are dismissed from this action with
prejudice.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED, pursuant to the Court’s order
entered May 14, 2021, plaintiffs’ claims against defendants Kenneth Sealey and Robert E. Price,
administrator C.T.A. of the estate of Joel Garth Locklear, are dismissed with prejudice.

Case 5:15-cv-00451-BO Document 483 Filed 04/20/23 Page 1 of 3

JURY VERDICT. The remaining claims in this action came before the Court for a trial by jury.
The issues have been tried and the jury rendered its verdict on May 14, 2021, and the Court
considered the issue of qualified immunity.
IT IS ORDERED, ADJUDGED AND DECREED that Plaintiffs have proven by the
preponderance of the evidence that Leroy Allen violated Henry McCollum’s constitutional
rights. Plaintiffs have proven that Kenneth Snead violated Henry McCollum’s constitutional
rights.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiffs have not proven
that Leroy Allen violated Leon Brown’s constitutional rights. Plaintiffs have proven that
Kenneth Snead violated Leon Brown’s constitutional rights.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant Leroy Allen is
entitled to qualified immunity as to the claims by Leon Brown and is not entitled to qualified
immunity as to the claims by Henry McCollum.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Defendant Kenneth Snead
is not entitled to qualified immunity.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Henry McCollum
is entitled to recover $ 25.25 million in compensatory damages.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Leon Brown is
entitled to recover $ 25.25 million in compensatory damages.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Henry McCollum
is entitled to recover $ 3 million in punitive damages from Defendant Leroy Allen.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Henry McCollum
is entitled to recover $ 5 million in punitive damages from Defendant Kenneth Snead.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Leon Brown is
entitled to recover $0 in punitive damages from Defendant Leroy Allen.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Leon Brown is
entitled to recover $5 million in punitive damages from Defendant Kenneth Snead.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiffs Henry
McCollum and Leon Brown are entitled to and shall recover post-judgment interest on the entire
amount awarded under this judgment at the rate established by 28 U.S.C. § 1961, accruing as of
the date of entry of the amended judgment up to and until satisfied in full.
This judgment filed and entered with approval of the Court on April 20, 2023, and served
via CM/ECF on:
Catherine Stetson
Case 5:15-cv-00451-BO Document 483 Filed 04/20/23 Page 2 of 3

E. Desmond Hogan
Elizabeth Lockwood
Elliot Sol Abrams
James Clayton
W. David Maxwell
Raymond Tarlton
Bradley Wood
James Morgan, Jr.
Dan Hartzog
Garris Yarborough
Dan Hartzog, Jr.
John Butler, III
Katherine Barber-Jones
Timothy Smith, Jr.
Sonny Haynes
Scott MacLatchie
Adam Peoples

PETER A. MOORE, JR., CLERK
April 20, 2023
/s/Lindsay Stouch
By: Deputy Clerk

Case 5:15-cv-00451-BO Document 483 Filed 04/20/23 Page 3 of 3