United States v. Nickolas Conrad

1 The Honorable George Howard, Jr., United States District Judge for the
Eastern District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 02-2436
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Melvin Mayweather, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the Eastern
* District of Arkansas.
Lethell Davis, CO-1, Correctional *
Security Officer, Benton Unit * [UNPUBLISHED]
(originally sued as L. Davis), *
*
Appellant. *
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Submitted: February 19, 2003
Filed: February 24, 2003
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Before BYE, FAGG, and RILEY, Circuit Judges.
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PER CURIAM.
Arkansas Department of Correction officer Lethell Davis appeals an adverse
jury verdict in a 42 U.S.C. § 1983 action brought against him, as well as the district
court’s 1 denial of his motion for judgment as a matter of law or for remittitur of the
damages award. Upon de novo review, see Kinserlow v. CMI Corp., 217 F.3d 1021,
1025 (8th Cir. 2000), we conclude the district court did not err in denying Davis

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judgment as a matter of law. We also conclude the court did not abuse its discretion
in denying Davis remittitur, as the award was not conscience-shocking or unjust. See
Duty v. Norton-Alcoa Proppants, 293 F.3d 481, 496 (8th Cir. 2002).
Accordingly, we affirm for the reasons stated by the district court. See 8th Cir.
R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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