Evans v. Hardy et al

Plaintiff: Marcus D Evans
Defendant: Gray, Mullins, McDaniels, Shanta Hardy, Moore, Cox, Barton, Richardson, Carlock, Jackson and Clemmons
Case Number: 2:2011cv00235
Filed: December 13, 2011
Court: Arkansas Eastern District Court
Office: Helena Office
County: Lincoln
Presiding Judge: D. P. Marshall
Referring Judge: J. Thomas Ray
Nature of Suit: Prison Condition
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
July 31, 2014 170 Opinion or Order of the Court AMENDED JUDGMENT: Marcus Evans shall have judgment against Faron Clemmons for $11,000.00 and against Moses Jackson, III for the accepted remitted amount of $4,500.00. Evans shall have judgment against Clemmons and Jackson, jointly and sever ally, for $23,250.00 in attorney's fees and $966.71 in costs. Post judgment interest will continue to accrue at 0.10% per annum, until the amounts due are paid in full. 28 U.S.C. § 1961(a)-(b). Signed by Judge D. P. Marshall Jr. on 7/31/2014. (jak)
July 16, 2014 167 Opinion or Order of the Court ORDER: Evans's 166 response on the remittitur is noted and appreciated. The Court looks forward to receiving the State's response by 24 July 2014. An amended judgment including the remittitur and the fees will issue in due course. Signed by Judge D. P. Marshall Jr. on 7/16/2014. (jak)
April 14, 2014 157 Opinion or Order of the Court JUDGMENT pursuant to the April 11, 2014 Jury Verdict, in favor of Shanta Hardy, Avery Cox, Bryant Barden, Derrick Mullins, Shirley McDaniel, and Joann Gray on all Evans's claims against each of them. The jury also returned unanimous verdicts for Evans and against Faron Clemmons and against Moses Jackson. The jury awarded $1,000.00 in compensatory damages, and $10,000.00 in punitive damages, to Evans against Clemmons on the excessive force and deliberate indifference claims against him. The jury awarded $500.00 in compensatory damages, and $8,000.00 in punitive damages, to Evans against Jackson on the deliberate indifference claim against him. Postjudgment interest will accrue at 0.10% per annum from this Order's date until the judgment is paid. 28 U.S.C. § 1961(a)-(b). Signed by Judge D. P. Marshall Jr. on 4/14/2014. (jak)
April 11, 2014 150 Opinion or Order of the Court ORDER directing the Clerk to correct the spelling of two defendants' names. They should be Bryant Barden, not Brian Bearden, and Shirley McDaniel, not Shirley McDaniels. Signed by Judge D. P. Marshall Jr. on 4/11/2014. (jak)
April 7, 2014 145 Opinion or Order of the Court ORDER authorizing Amanda Fray and Tracy Miller to bring a cell phone, laptop computer, or personal digital assistant into the The United States Post Office and Courthouse in Helena on 7 April 2014 for a hearing in this case. Signed by Judge D. P. Marshall Jr. on 4/7/2014. (jak)
March 12, 2014 134 Opinion or Order of the Court ORDER directing the Arkansas Department of Correction to ensure the attendance of witnesses, Tobia L. Harris and William Christopher Moore from Tucker Maximum Security Unit, at 8:15 a.m. on Tuesday, 8 April 2014 for the Jury Trial in this case. Signed by Judge D. P. Marshall Jr. on 3/12/2014. (jak)
March 11, 2014 132 Opinion or Order of the Court ORDER directing the Arkansas Department of Correction to ensure the attendance of Plaintiff Marcus D. Evans (ADC #109369), Varner SuperMax Unit, at 8:15 a.m. on 7 April 2014 and each day thereafter until completion of the trial. The Court further directs the Arkansas Department of Correction to send Evans's complete institutional and medical files with him and to allow Evans to bring any legal papers he wants to court. Signed by Judge D. P. Marshall Jr. on 3/11/2014. (jak)
February 26, 2014 127 Opinion or Order of the Court ORDER directing the Arkansas Department of Correction to ensure the attendance of Plaintiff Marcus D. Evans by 9:00 a.m. on 11 March 2014 for the Pretrial Conference in Little Rock Courtroom 1A. If Evans has any legal papers related to this case, the Court directs the ADC to allow Evans to bring them with him to the courthouse. Signed by Judge D. P. Marshall Jr. on 2/26/2014. (jak)
December 3, 2012 102 Opinion or Order of the Court ORDER, Plaintiff must serve Defendant Joann Gray within 60 days of the entry of this Order (see 101 Summons Returned Unexecuted filed by Marcus D Evans). Signed by Magistrate Judge J. Thomas Ray on 12/03/2012. (kcs)
November 5, 2012 100 Opinion or Order of the Court ORDER denying 98 Plaintiff's Sixth Motion to Compel. Signed by Magistrate Judge J. Thomas Ray on 11/05/2012. (kcs)
October 23, 2012 95 Opinion or Order of the Court ORDER granting in part, 70 Plaintiff's Second Motion to Compel; granting in part, 88 Plaintiff's Fifth Motion to Compel; denying 91 Plaintiff's Motion for Sanctions. Signed by Magistrate Judge J. Thomas Ray on 10/23/2012. (kcs)
October 17, 2012 93 Opinion or Order of the Court ORDER granting 72 Motion for Summary Judgment and dismissing deft Janice Gray without prejudice; and finding as moot 75 Motion to Compel. Defendants have seven days from the entry of t his Order to file Joann Gray's last known private mailing address under seal. Signed by Judge D. P. Marshall Jr. on 10/17/12. (kpr)
October 1, 2012 86 Opinion or Order of the Court ORDER denying 84 Plaintiff's Fourth Motion to Compel. Signed by Magistrate Judge J. Thomas Ray on 10/01/2012. (kcs)
September 8, 2012 81 Opinion or Order of the Court ORDER ADOPTING 77 Partial Report and Recommendations dismissing plaintiff's claims against Officer Moore without prejudice. Signed by Judge D. P. Marshall Jr. on 9/8/12. (kpr) Docket entry modified on 9/10/2012 to correct filing date. (kbc)
August 15, 2012 76 Opinion or Order of the Court ORDER directing the Plaintiff to file within 30 days of the entry of this Order a Response to 72 MOTION for Summary Judgment filed by Janice Gray and a separate Statement of Disputed Facts that comply with the Fed.R.Civ.P. 56, Local Rule 56.1, and the instructions set forth in this Order. Plaintiff is advised that the failure to timely and properly comply with this Order will result in: (1) all of the facts set forth in Defendant's summary judgment papers being deemed admitted by Plaintiff, pursuant to Local Rule 56.1(c); or (b) the dismissal of Defendant Gray from this action, without prejudice, pursuant to Local Rule 5.5(c)(2). Signed by Magistrate Judge J. Thomas Ray on 08/15/2012. (kcs)
March 2, 2012 7 Opinion or Order of the Court ORDER ADOPTING 5 Partial Report and Recommendations that plaintiff's negligence claim be dismissed with prejudice and other claims be allowed to proceed. The Court certifies that an ifp appeal would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 3/2/12. (kpr)

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Defendant: Gray
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Defendant: Mullins
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Defendant: McDaniels
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Defendant: Shanta Hardy
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Defendant: Moore
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Defendant: Cox
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Defendant: Barton
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Defendant: Richardson
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Defendant: Carlock
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Defendant: Jackson
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Defendant: Clemmons
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Plaintiff: Marcus D Evans
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