Letchworth v. Gay

ORDER

DENSON, United States Magistrate Judge.

I

THIS CAUSE was tried to a jury verdict before the undersigned on July 28, 1994 pursuant to 28 U.S.C. § 636(c). On evidence that plaintiff prisoner had been assaulted by other prisoners in defendant Sheriff Gay’s jail, the jury found one deputy sheriff liable for failing to protect against the assault and returned a verdict of $100 in favor.of the plaintiff. Now the matter is before the court on the plaintiffs Motion to Treble Damages, pursuant to N.C.Gen.Stat. § 162-55.

The defendants argue that this is an obscure, old statute which has never been…