[Download] "Sirimarco v. United States" by United States Court of Appeals Tenth Circuit ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Sirimarco v. United States
• Author : United States Court of Appeals Tenth Circuit
• Release Date : January 15, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

The action was brought in the court below by appellant Stringer, as defendant, upon two causes of action. The first, upon which jurisdiction was founded, alleged a deprivation of plaintiffs civil rights by the defendant. 42 U.S.C. §§ 1983, 1985 and 1986. As to this cause of action, the complaint alleged the defendant acted both individually and in conspiracy with others, none of whom were made parties to the action. The second cause of action was based upon an alleged assault and battery. Stringer sought to recover compensatory and punitive damages on both counts. The case was tried to a jury and at the close of plaintiffs evidence, the defendant moved for a directed verdict as to both causes of action, which was denied. The motion was renewed and again denied at the close of all of the evidence. However, in submitting the case, the court refused to instruct on the alleged conspiracy but did allow both causes of action, as otherwise alleged, to go to the jury. Plaintiff prevailed and was awarded both compensatory and punitive damages on each cause of action. After the jury verdict in favor of the plaintiff and the entering of a judgment thereupon, the defendant moved for judgment notwithstanding the verdict pursuant to F.R.Civ.P. 50(b), and, that motion was granted as to the first cause of action but denied as to the second. Plaintiff appealed from this ruling of the trial court and on this appeal also urges trial error in the courts refusal to submit the first cause of action to the jury upon his theory of conspiracy.

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