Opinion
Case No. 5:10-cv-212-KGB/JTK
08-07-2013
ROBERT SOTO, ADC # 128342 PLAINTIFF v. RAY HOBBS, et al. DEFENDANTS
JUDGMENT
This matter came for trial by jury on the 26th day of June, 2013. Plaintiff Robert Soto appeared through his attorney Christopher O. Parker. Defendant Nicholas Dial appeared through his attorneys Shawn J. Johnson and Christine A. Cryer. All parties announced ready for trial. A jury of twelve was selected and sworn.
On June 27, 2013, the jury returned a verdict as follows:
VERDICT FORM
A. Complete this form by writing in and/or circling the names required by your verdict.
Count I-Failure to Protect
1. On plaintiff Robert Soto's failure-to-protect claim against defendant Nicholas Dial, as submitted in Instruction No. 7, we find in favor of:
+------------------------------------------------+ ¦ ¦ ¦Nicholas Dial ¦ +---------------------+--+-----------------------¦ ¦Plaintiff Robert Soto¦or¦Defendant Nicholas Dial¦ +------------------------------------------------+
B. Complete this section only if you found for plaintiff Robert Soto in the above section. If you found for defendant Nicholas Dial above, then stop here.
We find plaintiff Robert Soto's damages against defendant Nicholas Dial to be:
$ ______
Write the amount or, if you find that Mr. Soto's damages have no monetary value, then state the nominal amount of $1.00.
C. You may not award punitive damages against defendant Nicholas Dial unless you have first found against defendant Nicholas Dial and awarded plaintiff Robert Soto nominal or actual damages.
We assess punitive damages against defendant Nicholas Dial as follows:
$ ______
Write the amount or, if none, write the word "none".
Steven Miller
Foreperson
Judgment is therefore entered in favor of defendant Nicholas Dial.
____________________________
Kristine G. Baker
United States District Judge