Melvin Mayweather v. Lethell Davis, (8th Cir. 2003)
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United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 02-2436
Melvin Mayweather, Appellee, v. Lethell Davis, CO-1, Correctional Security Officer, Benton Unit (originally sued as L. Davis), Appellant.
Submitted: February 19, 2003 Filed: February 24, 2003
Before BYE, FAGG, and RILEY, Circuit Judges.
PER CURIAM.
Arkansas Department of Correction officer Lethell Davis appeals an adverse jury verdict in a 42 U.S.C. § 1983 action brought against him, as well as the district courtÂ’s1 denial of his motion for judgment as a matter of law or for remittitur of the damages award. Upon de novo review, see Kinserlow v. CMI Corp., 217 F.3d 1021, 1025 (8th Cir. 2000), we conclude the district court did not err in denying Davis judgment as a matter of law. We also conclude the court did not abuse its discretion in denying Davis remittitur, as the award was not conscience-shocking or unjust. See Duty v. Norton-Alcoa Proppants, 293 F.3d 481, 496 (8th Cir. 2002).
Accordingly, we affirm for the reasons stated by the district court. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Appeal from the United States
District Court for the Eastern
District of Arkansas.
[UNPUBLISHED]
[1] The Honorable George Howard, Jr., United States District Judge for the Eastern District of Arkansas.
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This document cites
- U.S. Court of Appeals for the Eighth Circuit - Sam Duty, Appellee, v. Norton-Alcoa Proppants, Appellant., 293 F.3d 481 (8th Cir. 2002)
- U.S. Court of Appeals for the Eighth Circuit - David Kinserlow, Appellant, v. Cmi Corporation, Bid-Well Division, Appellee., 217 F.3d 1021 (8th Cir. 2000)
- US Code - Title 42: The Public Health and Welfare - 42 USC 1983 - Sec. 1983. Civil action for deprivation of rights
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