Legal Opinion

Givens v. O'QUINN

District Court, W.D. Virginia

Decided August 30, 2006No. 2:02CV00214PublishedCited by 2 opinions

1Opinion of the Court

OPINION AND ORDER

JONES, Chief Judge.

In this § 1983 case, the plaintiff, a state correctional officer, was assaulted by coworkers 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 excessive.

I

Terry W. Givens is a correctional officer at Wallens Ridge State Prison, which is a facility operated by the Virginia Department of…

2Cases cited26 opinions

  1. West v. AtkinsSupreme Court of the United States · 1988
  2. American Manufacturers Mutual Insurance v. SullivanSupreme Court of the United States · 1999
  3. BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
  4. Jackson v. Metropolitan Edison Co.Supreme Court of the United States · 1974
  5. Smith v. WadeSupreme Court of the United States · 1983

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3Cited by2 opinions

  1. Parson v. PalmerDistrict Court, E.D. Virginia · 2023
  2. Peter Lunsford v. Christopher ShyWest Virginia Supreme Court · 2020

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