Kirby v. Roth et al

Case Number: 2:2006cv02168
Filed: September 21, 2006
Court: Arkansas Western District Court
Office: Fort Smith Office
Presiding Judge: James R. Marschewski
Referring Judge: James R. Marschewski
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983 Civil Rights Act
Jury Demanded By: None

Available Case Documents

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

Date Filed#Document Text
April 24, 2012 111 Opinion or Order of the Court AMENDED JUDGMENT re 104 Judgment in accordance with the rulings of this Court and the remand by the Court of Appeals for the Eighth Circuit, the plaintiff is awarded judgment against the defendants John Roth, Larry Merrill, Kevin Dougan and John Bar bor in the following amounts: $167.42 for medical bills and $100.00 for pain and suffering; further with respect to the City of Barling, the city was directed to file revised policies regarding the use of tasers and the use of force continu um. The policies were provided to the Court on 10/13/11 (Doc. 101 ); further pursuant to 42USC1988, plaintiff is awarded $4005.00 in attorney's fees and costs and defendants are jointly and severally liable for payment of these sums. Signed by Honorable James R. Marschewski on April 24, 2012. (rw)
December 27, 2011 104 Opinion or Order of the Court JUDGMENT; Plaintiff is entitled to judgment in his favor on his claim for pain and suffering damages against Defendants Barbor, Merrill and Dougan in the amount of $1.00. Further judgment is entered in favor of the Defendants regarding Plaintiff's claim of punitive damages. Signed by Honorable James R. Marschewski on December 27, 2011. (lw)
November 9, 2010 73 Opinion or Order of the Court JUDGMENT re 72 Memorandum Opinion and Order, the court finds that the plaintiff recover $167.42 against defendants Roth, Barbor, Merrill and Dougan in their individual capacities, and that plaintiff recover nothing on his claim against the def endants on his claim of denial of medical care; further judgment is entered in plaintiff's favor regarding his claim of unconstitutional Taser policies by the City of Barling, and that the City of Barling be given until and including 12/15/10, to file revised policies with the court regarding its Taser policy and the use of force continuum.. Signed by Honorable James R. Marschewski on November 9, 2010. (rw)
December 21, 2009 63 Opinion or Order of the Court ORDER granting 53 Motion for issuance of Rule 45 subpoena records; and granting 55 Motion for issuance of Rule 45 subpoena records. Further denying motion requesting Kevin Hixon and Christie Johnson to the hearing. Plaintiff may resubmit this request in response to the Court's Scheduling Order. Signed by Honorable James R. Marschewski on December 21, 2009. (lw)
July 17, 2009 36 Opinion or Order of the Court ORDER granting 35 Motion to Reopen Case;as set forth. Signed by Honorable James R. Marschewski on July 17, 2009. (lw)

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