| 2013-02-22 |
161 |
0 |
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ENTRY DISCUSSING MOTION FOR SUMMARY JUDGMENT - For the purposes of this motion, the evidence has been viewed in the light most favorable to Mr. Hughes, the non-movant. It is undisputed that Officer Ash responded reasonably to the threats issued by Mr. Canton against Mr. Hughes before Mr. Canton attacked Mr. Hughes. It is also undisputed that Officer Ash did not display deliberate indifference by not risking his own safety and attempt to break up the fight. However, a reasonable jury who acc epts Mr. Hughes' version of the facts could conclude that Officer Ash exhibited deliberate indifference to a serious risk to Mr. Hughes by failing to employ pepper spray. Officer Ash's motion for summary judgment (Dkt. 123 ) is GRANTED with respect to the issue of whether Officer Ash responded reasonably to Mr. Hughes' complaints of threats by Mr. Canton; but DENIED with respect to Officer Ash's response to the attack. No partial final judgment shall issue as to the claims resolved in this Entry. Signed by Judge Tanya Walton Pratt on 2/22/2013. Copy Mailed. (JD) |
2013-02-23 08:18:33 |
5dd3c11e3bd9c07bedc19d13ebb130e7cf203321 |