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Babovec v. Richards

United States District Court, E.D. Arkansas, Western Division

March 6, 2017

ROBIN BABOVEC, as Special Administratrix of the Estate of Y BABOVEC, deceased PLAINTIFF
v.
MIKE RICHARDS, et al. DEFENDANTS

          JUDGMENT

          KRISTINE G. BAKER UNITED STATES DISTRICT JUDGE.

         This matter came for trial by jury on the 26th day of January, 2015. Plaintiff Robin Babovec, as special administratrix of the estate of Casey Babovec, appeared through her attorney James Swindoll. Defendants Mike Richards; Tonya Parker; Calvin Reed; Sam Griffin; Dion McGuire; Ryan McKinley; David Fenton; James Payne; Nancy Shellnut; Bruce Pennington, in his official and individual capacities; and Saline County, Arkansas, appeared through their attorney George Ellis. All parties announced ready for trial. A jury of 12 was selected and sworn.

         On January 31, 2015, the jury returned an interrogatory verdict (Dkt. No. 45) as follows:

         VERDICT

         INTERROGATORY NO. 1

         You must answer this question. Do you find from a greater weight of the evidence that Mike Richards showed deliberate indifference as to the serious medical need of Casey Babovec as explained in Instruction No. 8?

         ANSWER: No

         (YES []or NO [√])

         FOREPERSON

         DATE January 31, 2015

         INTERROGATORY NO. 2

         You must answer this question. Do you find from a greater weight of the evidence that Mike Richards's subordinates used excessive force against the person of Casey Babovec and that Mike Richards made a culpable choice between action or inaction in the supervision or control of those subordinates as explained in Instruction No. 9?

         ANSWER:

         (YES [] or NO [])

         FOREPERSON

         DATE

         INTERROGATORY NO. 3

         You must answer this question. Do you find from a greater weight of the evidence that Tonya Parker showed deliberate indifference as to the serious medical need of Casey Babovec as explained in Instruction No. 8?

         ANSWER: No

         (YES [] or NO [√] )

          FOREPERSON

         DATE January 31, 2015

         INTERROGATORY NO. 4

         You must answer this question. Do you find from a greater weight of the evidence that Tonya Parker used excessive force against the person of Casey Babovec as explained in Instruction No. 9?

         ANSWER: No

         (YES [] or NO [√] )

         FOREPERSON January 31, 2015 DATE

         INTERROGATORY NO. 5

         You must answer this question. Do you find from a greater weight of the evidence that Calvin Reed showed deliberate indifference as to the serious medical need of Casey Babovec as explained in Instruction No. 8?

         ANSWER: No

         (YES or NO)

         FOREPERSON January 31, 2015 DATE

         INTERROGATORY NO. 6

         You must answer this question. Do you find from a greater weight of the evidence that Calvin Reed used excessive force against the person of Casey Babovec as explained in Instruction No. 9?

         ANSWER:

         (YES [] or NO [] )

         FOREPERSON

         DATE

         INTERROGATORY NO. 7

         You must answer this question. Do you find from a greater weight of the evidence that Sam Griffin showed deliberate indifference as to the serious medical need of Casey Babovec as explained in Instruction No. 8?

         ANSWER ...


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