Darrell Cummings v. Matthew T. Whiddon

TJOFLAT, Circuit Judge:

This case is about a sleeping juror. Darrel Cummings filed a complaint against four prison officials at the Taylor Correctional Institution, alleging violations of his First, Eighth, and Fourteenth Amendment rights and seeking money damages under 42 U.S.C. § 1983. 1 The case was tried to a jury before a Magistrate Judge. 2 During the afternoon of the first day of trial, one of the jurors fell asleep off-and-on for two hours. The Magistrate Judge questioned the juror in camera, with neither party present, and concluded that the juror could remain on the jury. Neither…