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193530P.pdf   07/02/2021  Eric Thurairajah  v.  Trooper Lagarian Cross
   U.S. Court of Appeals Case No:  19-3530
                          and No:  19-3603
   U.S. District Court for the Western District of Arkansas - Ft. Smith   
[PUBLISHED] [Smith, Author, with Kelly and Erickson, Circuit Judges] Civil case - Civil rights. For the court's earlier opinion in the matter, see Thurairajah v. City of Fort Smith, 925 F.3d 979 (8th Cir. 2019). The district court did not err in dismissing plaintiff's claims under the Arkansas Civil Rights Act as plaintiff presented no evidence on summary judgment that the trooper acted maliciously; on this record, the district court did not err in dismissing plaintiff's federal claim for punitive damages and in not instructing the jury on punitive damages; the district court did not abuse its discretion in denying plaintiff's motion for new trial based on alleged misconduct by opposing counsel during plaintiff's cross-examination; on defendant's cross-appeal of a partial award of attorneys' fees to plaintiff, the district court did not abuse its discretion in awarding attorney's fees in this nominal damages ($1.00) case; Judge Kelly, concurring in part and dissenting in part.