Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

BLISSETT v. EISENSMIDT

September 17, 1996

DONOVAN BLISSETT, Plaintiff,
v.
P.K. DEPUTY EISENSMIDT, D.S.S., SGT. CASEY, OFFICER JOHNSON, SGT. GREEN, THOMAS GRAHAM, TIMOTHY MULHALL, A. CONNORS, R.N. MEDICAL DEPT., J. HEILDENBLOCK AND DR. FOOTE, Defendants.



The opinion of the court was delivered by: MCCURN

 BACKGROUND

 Because, among other things, this case is before the court on a motion for judgment as a matter of law ("JMOL"), the court notes that at the close of the case, and prior to submitting this case to the jury, the defendants moved for that same relief pursuant to Rule 50. As the basis for that motion, defendants argued that plaintiff had failed to establish a prima facie cause of action under 42 U.S.C. § 1983 in that there was no proof of injury. *fn3" Transcript ("Tr."), Vol. I at 230. Defendants further argued that plaintiff did not come forth with adequate proof to establish that he had been assaulted; nor did he establish that any of the defendants had committed a battery upon him. Id. Significantly, defendant Connors did not move for JMOL on the grounds of qualified immunity. After listening to argument by both counsel, the court denied defendants' motions, with two exceptions. With plaintiff Blissett's consent, the court dismissed the action as against defendant Dr. Foote. Id. at 241. The court also granted defendant's motion to dismiss plaintiff's pendent state law assault claim. Id.

 Given the jury's determination that the defendants should be subject to punitive damages, the court proceeded with a hearing on that issue, at which each of them testified. At the close of that proof, the jury returned a separate verdict form, awarding punitive damages as follows: Estate of Daniel Casey $ 21,422.00 Anne Connors $ 31,650.00 Ralph Greene $ 4,878.00 Timothy Mulhall $ 22,031.00

19960917

© 1992-2004 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.