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, noting that the medical attention the guards gave the plaintiff could arguably qualify as “efforts to temper the use of force.” Id. at 100. But “[e]ven assuming this factor weighs in the government’s favor ...
Brief • May 24, 2021
talked about audio, my mind went to video. So I guess I misspoke when I told you we had audio, because obviously the e-mail that you got told you that the audio was down. Q. Okay. But we talked about audio ...
Brief • June 15, 2021
classification system operated. The Jail’s Motion should be denied. E. Evidence Concerning the Jail’s Use of ACR-1 The Jail cites “the change in use of cell ACR-1 for inmates on suicide watch” as one ...
An independent review of the submissions did not reveal any genuine disputes over the essential facts. See, e.g., Matter of Defend H20 v. Town Bd. of Town of E. Hampton, 147 F. Supp. 3d 80, 96–97 (E.D.N.Y. 2015 ...
, regardless of any claims of misrepresentation, concealment of fact, or mistake of law or fact. E. Plaintiffs have investigated all claims and facts pertaining to this Agreement as they deem necessary ...
Brief • September 1, 2020
in an amount to be proven at trial; 14 c. Nominal damages; 15 d. Costs and reasonable attorney’s fees; 16 e. Pre- and post-judgment interest; and 17 f. Any such additional and further relief as the Court ...
Brief • December 28, 2016
. 319, 325 ( 1989). Frivolousness is an objective standard that refers to a claim that any reasonable person would find meritless. Le v. C/intou. 209 F.3d 1025, l02627 (7th Cir. 2000). An action fails ...
) where failure to treat the condition could "result in further significant injury or the unnecessary and wanton infliction of pain;" (2) "[e]xistence of an injury that a reasonable doctor or patient would ...
Attorneys Timothy E. Kapshandy Alison R. Leff SIDLEY AUSTIN LLP 1.7 Case: 3:16-cv-50105 Document#: 44 Filed: 01/26/18 Page 18 of 18 PagelD #:175 I S. Dearborn St. Chicago, IL 60603 (312) 853-7000 ...
ILCS 10/9-102 Claim Against DEFENDANT KANE COUNTY 162. PLAINTIFF re-alleges the above paragraphs as though fully set forth herein. 163. DEFENDANT KANE COUNTY is the indemnifier of the o t h e r ...
Brief • January 23, 2023
Filed under: False Arrest
to that unconstitutional arrest. Id. As with the unlawful arrest claim, the defendant officers are not entitled to qualified immunity from Mr. Elgersma’s unlawful entry and search claims. E. Mr. Elgersma’s Motion ...
Brief • November 7, 2023
of material fact.” 6 Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). A party opposing summary judgment 7 must “cit[e] to particular parts of materials in the record” establishing a genuine dispute or 8 ...
Brief • November 22, 2023
are not properly before this Court, as they are based upon evidence dehors the record (see Matter of Wyche v. Haywood–Diaz, 206 A.D.3d 748, 749, 167 N.Y.S.3d 830; Heller v. Trustees of Town of E. Hampton, 166 A.D.2d ...
Brief • April 15, 2022
Filed under: Failure to Treat
, 2022. Respectfully submitted, /s/ Cheryl Trine Cheryl L. Trine, #38150 Trine Law Firm LLC 155 E. Boardwalk Drive #400 Fort Collins, CO 80525 Phone: 970-391-9442 Fax: 970-458-1800 Email: ctrine ...
Brief • May 20, 2022
Filed under: Failure to Treat
-02028-RMR-GPG Document 147 Filed 05/20/22 USDC Colorado Page 11 of 12 Respectfully submitted, /s/ Cheryl Trine Cheryl L. Trine, #38150 Trine Law Firm LLC 155 E. Boardwalk Drive #400 Fort Collins, CO ...
Brief • November 17, 2020
Filed under: Credits
, misleading, or deceptive acts or practices in violation of KRS 367 .170; and (e) The individual Defendants' abuse of public office in violation of KRS 522.010 et. seq., false statements in violation of KRS ...
Brief • September 22, 2022
U.S.C. § 1983; d) That Plaintiff be awarded attorneys’ fees and other costs of litigation, pursuant to e.g., O.C.G.A. § 13-6-11 and 42 U.S.C. § 1988; e) That all costs of this action be cast upon ...
Brief • February 5, 2024
applicable laws regarding such awards against Defendant Hatcher; e. That pre- and post- judgment interest be awarded to Plaintiffs under federal statutes and case law; f. That the Court award Plaintiffs ...
Brief • January 5, 2024
Filed under: Excessive Force
or probable c. Willful destruction of evidence by Defendant, designed to disrupt the Plaintiff’s case d. Disruption of the Plaintiff’s case e. Damages proximately caused by the Defendant’s acts COUNT 5: GROSS ...
the appropriate hours expended in the 3 litigation and must submit evidence in support of th[e] hours worked.” Gates, 987 F.2d 4 at 1397–98. 5 6 In support of the motion for fees, each attorney has submitted ...
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