Lamb v. Telle et al, No. 5:2012cv00070 - Document 93 (W.D. Ky. 2013)
Court Description: MEMORANDUM OPINION AND ORDER by Senior Judge Thomas B. Russell on 11/19/2013 granting in part and denying in part 84 Defendant Rodney Hill's Motion in Limine to preclude Plaintiff from asking the jury to award compensatory damages at trial. The Court will GRANT in part with respect to lost wages, future lost wages, compensatory damages, and legal fees and DENY in part with respect to mental and physical pain and suffering. cc: Zachary Amos Lamb, Counsel (CDR)
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY PADUCAH DIVISION CIVIL ACTION NO. 5:12-CV-00070-TBR Plaintiff ZACHARY AMOS LAMB v. JACK TELLE, et al. Defendants MEMORANDUM OPINION AND ORDER This matter is before the Court upon Defendant Rodney Hill s Motion in Limine to preclude Plaintiff from asking the jury to award compensatory damages at the trial of this case. (Docket No. 84.) Plaintiff Zachary Lamb has not responded in the time period mandated by the Scheduling Order. (Docket No. 29.) In his Complaint, Plaintiff requested compensatory damages, including lost wages, mental and emotional distress, damage to reputation, and legal expenses. When asked about his damages in interrogatories, (Docket No. 36-1), Plaintiff stated that his lost wage and future lost wages were all [d]o to Telle s actions. 1 (Docket No. 84-1, Number 29.) Plaintiff also stated he does not seek compensatory damages, but claims intangible harm. Id. Furthermore, Plaintiff is pro se and therefore has no legal fees. Accordingly, the Court will preclude Plaintiff from asking the jury to award lost wages, future lost wages, compensatory damages, and legal fees. 1 All claims against Judge Telle were previously dismissed. Page 1 of 2 However, Plaintiff has alleged mental and physical pain and suffering as a result of the Defendant Hill s actions. Carey is not applicable because it dealt with an alleged procedural due process violation where the distress a person may feel may be attributable to the justified deprivation rather than the deficiencies in procedure. Carey v. Piphus, 435 U.S. 247, 263-64 (1978). Furthermore, the footnote that Defendant references merely states that genuine injury in this respect may be evidenced by one s conduct and observed by others. Carey, 435 U.S. at 264 n. 20 (emphasis added). Therefore, the Court will tentatively permit Plaintiff to ask the jury to award damages for mental and physical pain and suffering, but will review the evidence at the close of the case. Accordingly, the Court will GRANT in part with respect to lost wages, future lost wages, compensatory damages, and legal fees and DENY in part with respect to mental and physical pain and suffering, Defendant Hill s motion. (Docket No. 84.) IT IS SO ORDERED. Date: November 19, 2013 cc: Zachary Amos Lamb P.O. Box 153 New Concord, KY 42076 Page 2 of 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
