Brinkley v. Helena-West Helena, Arkansas
2:11-cv-00207
E.D. Ark.Jun 14, 2012Background
- Plaintiff Brinkley sues City of Helena-West Helena and Officer Hall for injuries from an arrest and alleged assault.
- Defendants were served but did not answer or respond; the time to respond has passed.
- Plaintiff moved for Clerk’s Default as to City and Hall; Clerk entered default against them.
- Plaintiff seeks damages related to medical bills, pain, trauma, and ongoing anxiety/depression.
- Court grants default in part but finds damages must be proven at a hearing to determine an amount.
- Hearing to determine damages will be scheduled separately; no final damages awarded at this order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether default judgment is warranted under Rule 55. | Brinkley seeks judgment due to failure to plead/defend. | City/Hall did not respond; default appropriate. | Default judgment granted; proceed to damages hearing. |
| Whether the Clerk properly entered default against City and Hall. | Clerk’s entry supports default. | Defendants were properly served but did not respond. | Clerk’s Default entered; valid basis for judgment. |
| Whether damages can be determined without a damages hearing. | Damages are definite and support a $225,000 claim. | Damages must be proved separately when relief is indefinite. | Damages are uncertain; require a separate hearing to prove amount. |
| What is the procedural posture for determining damages in a default case. | Court should award the requested damages. | Damage amount must be proven; cannot be presumed from complaint. | Damages to be established at a separate hearing. |
Key Cases Cited
- Fraserside IP L.L.C. v. Youngtek Solutions Ltd., 796 F.Supp.2d 946 (N.D. Iowa 2011) (two-step default judgment process under Rule 55)
- Pope v. United States, 323 U.S. 1 (U.S. 1944) (court may determine damages in a default; need evidence or record-based computation)
- American Red Cross v. Cmty. Blood Ctr., 257 F.3d 859 (8th Cir. 2001) (damages in default judgments must be proved; not assumed)
- Everyday Learning Corp. v. Larson, 242 F.3d 815 (8th Cir. 2001) (unattached damages in default judgments require proof)
- Stephenson v. El-Batrawi, 524 F.3d 907 (8th Cir. 2008) (guides when to conduct hearings to fix damages in default)