Justin R. Eoff v. Keith Mallett, CO, Cummins Unit, ADC

United States Court of Appeals
For the Eighth Circuit
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No. 21-3158
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Justin R. Eoff
llllllllllllllllllllPlaintiff - Appellant
v.
Keith Mallett, CO, Cummins Unit, ADC
lllllllllllllllllllllDefendant - Appellee
Patrick Pierre, Sergeant, Cummins Unit, ADC (originally named as Pierre)
lllllDefendant
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Appeal from United States District Court
for the Eastern District of Arkansas - Pine Bluff
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Submitted: November 28, 2022
Filed: December 2, 2022
[Unpublished]
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Before COLLOTON, GRUENDER, and GRASZ, Circuit Judges.
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PER CURIAM.

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Arkansas inmate Justin Eoff appeals the judgment entered by the district court1
following a favorable jury verdict in his 42 U.S.C. § 1983 action asserting claims of
excessive force. On appeal, he challenges the amount of nominal and punitive
damages awarded him by the jury. After careful review of the record and the parties’
arguments on appeal, we conclude that Eoff waived his challenge to the jury verdict
by failing to request a new trial. See Kozlov v. Associated Wholesale Grocers, Inc.,
818 F.3d 380, 391 (8th Cir. 2016) (concluding an inadequate jury award challenge is
waived by failing to request a new trial). We also conclude that Eoff has not shown
that the damages awarded resulted in a plain injustice or shocking result. See id.;
Westcott v. Crinklaw, 133 F.3d 658, 662 (8th Cir. 1998) (holding that, absent
exceptional circumstances like “plain injustice” or a “monstrous” or “shocking” result,
the adequacy of a jury verdict must first be presented to the trial court in a new trial
motion to preserve the issue for appellate review). Accordingly, we affirm. See 8th
Cir. R. 47B.
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1The Honorable Brian S. Miller, United States District Judge for the Eastern
District of Arkansas.
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