Comstock v. McCrary

OPINION

RESTANI, Chief Judge.

Plaintiff-Appellant Carolyn Comstock brought suit on behalf of the estate of Billy Wade Montgomery, alleging violations of the Eighth Amendment and state tort law by prison psychologist Norris McCrary. The district court denied Comstock’s motion for judgment as a matter of law and the jury returned a verdict in favor of McCrary. We review Comstock’s appeal of the district court’s denial of her preverdict motion for judgment as a matter of law to determine “whether there was sufficient evidence to raise a material question of fact for the jury.” Frost v. Hawkins…