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PORTER v. EPPS

No. 09-60324.

659 F.3d 440 (2011)

Will Terrance PORTER, Plaintiff-Appellee, v. Christopher B. EPPS, Individually and in his official capacity as the Commissioner of the Mississippi Department of Corrections, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 28, 2011.

Attorney(s) appearing for the Case

Sidney Ray Hill, III , (argued), Clayton O'Donnell, P.L.L.C., Oxford, MS, for Plaintiff-Appellee.

Charles Baron Irvin , Office of the Attorney General, for the State of Mississippi, Jackson, MS, Leonard Charlton Vincent , (argued), Mississippi Department of Corrections, Staff Attorney's Office, Parchman, MS, for Defendant-Appellant.

Before REAVLEY, PRADO and OWEN, Circuit Judges.

EDWARD C. PRADO, Circuit Judge.

Defendant Christopher Epps, the Commissioner of the Mississippi Department of Corrections ("MDOC"), appeals the district court's denial of his motion for judgment as a matter of law or, in the alternative, motion for a new trial. The jury found Epps liable under 42 U.S.C. § 1983 for violating Will Porter's constitutional rights by unlawfully incarcerating him for fifteen months beyond the expiration of his sentence. Because we...

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