GIVENS v. O'QUINN

No. 2:02CV00214.

447 F.Supp.2d 593 (2006)

Terry W. GIVENS, Plaintiff, v. Joey O'QUINN, et al., Defendants.

United States District Court, W.D. Virginia, Big Stone Gap Division.

August 30, 2006.


Attorney(s) appearing for the Case

Hilary K. Johnson, Abingdon, VA, for Plaintiff.

H. Ronnie Montgomery, Jonesville, VA, for Defendant Charles Janeway.

Nicholas Compton, Compton & Compton, P.C., Lebanon, VA, for Defendants Joey O'Quinn and Mike Mullins.


OPINION AND ORDER

JONES, Chief Judge.

In this § 1983 case, the plaintiff, a state correctional officer, was assaulted by co-workers during a practical joke gone awry. The jury awarded him nominal compensatory damages as well as punitive damages. On post-verdict motions, I hold, among other things, that (1) the plaintiff sufficiently proved that the assault occurred under color of state law; and (2) the punitive damages awarded were not constitutionally...

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