Petition for Writ of Certiorari — John L. Williams, Petitioner v. Jackson County, Missouri

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UNITED STATES COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

No: 17-1742

John L. Williams

Plaintiff - Appellant

Edward H. Pennington, Jr.; Anthony L. Nevels

Plaintiffs

v.

Jackie Robinson, JCDC Manager; Ken Conlee, JCDC Director; Gary Morrow, JCDC Mailroom

Supervisor; Baldree, Lieutenant; Bowden, JCDC Mailroom Employee

Defendants

MO Jackson County

Defendant - Appellee

Paul Smith, Sergeant; County Executive Mike Sanders, Jackson County Executive

Defendants

Appeal from U.S. District Court for the Western District of Missouri - Kansas City

(4:13-cv-00866-BCW)

JUDGMENT

Before SHEPHERD, KELLY, and GRASZ, Circuit Judges.

This appeal from the United States District Court was submitted on the record of the

district court and briefs of the parties.

After consideration, it is hereby ordered and adjudged that the judgment of the district

court in this cause is affirmed in accordance with the opinion of this Court.

May 14, 2019

Appellate Case: 17-1742

Page: 1

Date Filed: 05/14/2019 Entry ID: 4787239

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Order Entered in Accordance with Opinion:

Clerk, U.S. Court of Appeals, Eighth Circuit.

/s/ Michael E. Gans

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Appellate Case; 17-1742

Page: 2

Date Filed: 05/14/2019 Entry ID: 4787239

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®ntteb States; Court of Appeals

Jfor tl)t Cigljtl) Circuit

No. 17-1742

John L. Williams

Plaintiff - Appellant

Edward H. Pennington, Jr.; Anthony L. Nevels

Plaintiffs

v.

Jackie Robinson, JCDC Manager; Ken Conlee, JCDC Director; Gary Morrow,

JCDC Mailroom Supervisor; Baldree, Lieutenant; Bowden, JCDC Mailroom Employee

Defendants

MO Jackson County

Defendant - Appellee

Paul Smith, Sergeant; County Executive Mike Sanders, Jackson County Executive

Defendants

Appeal from United States District Court

for the Western District of Missouri - Kansas City

Submitted: April 12, 2019

Filed: May 14, 2019

[Unpublished]

Appellate Case: 17-1742

Page: 1

Date Filed: 05/14/2019 Entry ID: 4787232

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Before SHEPHERD, KELLY, and GRASZ, Circuit Judges.

PER CURIAM.

John Williams, an inmate formerly confined in the Jackson County Detention

Center in Kansas City, Missouri, appeals the adverse judgment entered by the district

court1 following a jury trial in his 42 U.S.C. § 1983 action challenging the prison’s

mail policy. Having carefully reviewed the parties’ arguments on appeal, we find no

basis for reversal. We conclude that the district court did not abuse its discretion by

submitting the issues to the jury, see PFS Distrib. Co. v. Raduechel, 574 F.3d 580,

596 (8th Cir. 2009) (jury instructions are reviewed for abuse of discretion);

Henderson v. Terhune, 379 F.3d 709, 712 (9th Cir. 2004) (whether regulation

impermissibly restricts First Amendment rights under Turner v. Saflev, 482 U.S. 78

(1987) is mixed question of law and fact; legitimacy of asserted penological interest

is a finding of fact); or by admitting evidence of Williams’s prior convictions, see

United States v. Has No Horse, 11 F.3d 104, 106 (8th Cir. 1993) (admissibility of

evidence is reviewed for abuse of discretion). We further conclude that Williams

failed to preserve his sufficiency-of-the-evidence argument at trial, see Unitherm

Food Sys. v. Swift-Eckrich, Inc., 546 U.S. 394, 400-01 (2006) (in absence of

post-verdict motion under Fed. R. Civ. P. 50(b), appellate court lacks power to direct

district court to enter judgment contrary to that permitted to stand); and we reject his

argument that Jackson County presented inconsistent arguments about its mail policy.

Accordingly, the judgment is affirmed, see 8th Cir. R. 47B, and the pending motion

is denied.

'The Honorable Brian C. Wimes, United States District Judge for the Western

District of Missouri.

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Appellate Case: 17-1742

Page: 2

Date Filed: 05/14/2019 Entry ID: 4787232

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IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF MISSOURI

„ WESTERN DIVISION

JOHN L. WILLIAMS,

)

)

)

)

Plaintiff,

v.

) Case No. 13-000866-CV-W-BCW

)

)

)

)

)

)

JACKSON COUNTY, MISSOURI,

Defendant.

JUDGMENT IN A CIVIL CASE

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Jury Verdict. This action came before the Court for a trial by jury.

IT IS ORDERED AND ADJUDGED that JUDGMENT is entered in accordance with the

jury verdict (Doc. #170) filed March 22, 2017.

AT THE DIRECTION OF THE COURT

March 23. 2017

Dated

/s/Paige Wvmore-Wvnn

Court Executive

March 22. 2017

Entered

By: Joella Baldwin

Deputy Clerk

Case 4:13-cv-00866-BCW Document 171 Filed 03/23/17 Page 1 of 1

Ch

VERDICT FORM

Note:

Complete this form by writing in the names required by your

verdict.

On Plaintiff John Williams’ claim against Defendant Jackson

County,

Missouri, as submitted in Instruction 14, we find in favor of:

(Plaintiff John Williams)

or

(Defendant Jackson County, Missouri)

On Plaintiff John Williams’ claim against Defendant Jackson County,

Missouri, as submitted in Instruction 15, we find in favor of:

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(Plaintiff John Williams)

Note:

or

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(Defendant Jackson County, Missouri)

Complete the following paragraphs only if either of the above

findings is in favor of the Plaintiff.

We find Plaintiff John Williams’ damages to be:

$

.(state the nominal amount of $1.00).

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ForejDer8t5n

Dated:

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Case 4:13-cv-00866-BCW Document 170 Filed 03/22/17 Page 1 of 1

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