113003P.pdf   10/01/2012  Spencer Ondirsek  v.  Bernie Hoffman
   U.S. Court of Appeals Case No:  11-3003
   U.S. District Court for the Western District of Arkansas - Texarkana   
   [PUBLISHED] [Benton, Author, with Loken and Gruender, Circuit Judges]
   Civil case - torts. Tony Alamo Christian Ministries' practices, which
   included beating and threatening the plaintiffs, were not protected by the
   First Amendment; claim that the jury verdict was against the weight of
   the evidence was not preserved for appeal because Alamo failed to move
   for judgment as a matter of law before submission of the case to the jury
   or after the verdict and entry of judgment in accordance with Rule 50; any
   error in instructing the jury affected only the battery count and was
   harmless in light of the fact that the verdicts on the separate outrage and
   conspiracy counts were sufficient to support the damages awarded; the $3
   million in compensatory damages awarded each plaintiff was not
   excessive in light of the prolonged and continuous mistreatment they
   suffered; however, while an award of punitive damages was justified by
   the need to punish and deter the kind of conduct which occurred here, the
   awards of $30 million to each plaintiff were unconstitutional, and a ratio
   of 4:1 is appropriate to maintain notions of fairness and due process; the
   punitive damages awards are remitted to $12 million for each plaintiff.
  
113003P.pdf   08/28/2012  Spencer Ondirsek  v.  Bernie Hoffman
   U.S. Court of Appeals Case No:  11-3003
   U.S. District Court for the Western District of Arkansas - Texarkana   
   [PUBLISHED] [Benton, Author, with Loken and Gruender, Circuit Judges]
   Civil case - Torts. Any error in instructing the jury on the Arkansas
   offense of battery was harmless; $3 million award for abuse suffered
   while the plaintiffs were minors held in Tony Alamo's compound was not
   excessive; an award of punitive damages was justified both as
   punishment for Alamo's actions and to deter others, but the amount of the
   award - $30 million to each plaintiff - exceeds constitutional limits and
   must be reduced to $12 million for each plaintiff.