Mo Vs Ao Case Summary

* 1. excusable default, if such motion is made within one year after service of a copy of the judgment or order with written notice of its entry upon the moving party, or, if the moving party has entered the judgment or order, within one year after such entry; or

Details of incident: Defendant and his friend went to the same store where he was arrested previously for shoplifting. He threw a beverage to the security’s face and slapped him. Defendant got really angry when he saw the security. Defendant thinks he was responsible for his arrest in the past because the security caught him for shoplifting. As the defendant is

(1) Whether a plaintiff must plead and prove willful and wanton conduct in order to

The district court granted the defendant’s motion for summary judgment on the plaintiff’s Americans with Disability Act claim. The plaintiff’s is not estopped by her SSDI and long term disability claims.The court foreclosed to grant the plaintiff new trial. The appellate court the district court’s ruling.

The primary issues in the case that were discussed were about whether it is necessary that the police officer who makes an arrest in obedience to that order also holds the suspicion, whether a judge’s delay in giving judgment can prejudice the second appellant’s case, and whether the conduct of the police and “SERT” Operatives constitutes as torts of false imprisonment or assault. (Elaborate on all 3 issues) Whether or not s 52(1) in Ch 3 of CLA precludes awards of aggravated damages. “A court can not award exemplary, punitive or aggravated damages in relation to a claim for personal injury damages.”

Wilke, Fleury, Hoffelt, Gould & Birney, David A. Frenznick and Anthony J. DeCristoforo, for Defendant Robert Del Pero.

The court reconvened, and the crown called the next person, Tim. B. Tim, a young white male, was already out on bail pending his charge of assaulting his ex-girlfriend. The Crown stated that this was a reverse-onus because he was charged with failure to appear three times. The duty counsel informed that Tim voluntarily turned himself in earlier in the morning when he found out about the charges, and that his father who owned property over $250,000 is willing to be his surety. The crown said she will consent to the release with a $1000 surety and conditions of non-contact with the victim and to reside with or residence approved by the surety. The duty counsel did not object and the Judge accepted the terms.

The defendant again entered the store and concealed several other items in his pockets and down his pants. The defendant attempted to exit the store, but he was caught and detained by both Estrela and Edwards. The defendant cooperated and agreed to wait for the police in the loss prevention office.

CM spoke to Sergio Paredes, CMO Court Liaison regarding an update on Dre’quan (youth) OOH treatment status. CM informed Mr. Paredes that the Clinical Director at Daytop is still reviewing the referral documents and Daytop have not contacted CM regarding an update on youth’s status yet. Mr. Paredes provided CM with Honoria Forte (Youth’s Attorney) for CM to follow-up with attorney regarding this matter.

3, Dec. 6, 2017). Mr. Drake was stirred up, cheering, standing, shooting confetti and had an accompanying horn (Id.). A fan nearby asked Officer Shaffer to get the plaintiff to stop (Id.). The defendant informed the complaining fan and the plaintiff that he was on his day off, but again asked Mr. Drake to sit down and stop bothering everyone (Id.). The defendant states that he “was getting pretty ticked off” and turned around and confronted Officer Shaffer stating that “he was an off-duty cop and needed to back off (Id.).” Officer Sheffer asserted to Mr. Drake that he should not be so disrespectful (Shaffer Dep. 13, Dec. 7, 2017). After the plaintiff stood up and invaded the defendants space, he began yelling at him (Id.). Officer Shaffer prodded Mr. Drake with the foam finger and told him to sit down (Id.). Facts continued

P alleges assault and false arrest. P alleges that he was standing on the sidewalk when MOS Familia, Sanchez, and Nunez grabbed him and demanded identification and pulled him inside the building. P claims that MOS accused him of buying drugs and searched him. P alleges that MOS pulled his arms causing one of his shoulders to be dislocated. P claims that when he screamed in pain MOS began to beat him on his torso, head, and legs. P claims MOS delayed his request for medical treatment. MOS state that they were patrolling the area and observed P inside the lobby of the building which was enrolled in the trespass affidavit program. MOS entered the building and approached P and asked him what he was doing in the building. MOS stated that P stated

Ps, Rony Beauge and Christina Escourse, allege excessive force and false arrest. P Escourse states that she was at the front door entering her home when MOS approached her from behind with their guns drawn. P Escourse states that MOS grabbed her arm and pushed her body against the apartment door and tightly handcuffed her causing pain and bruises to her arm, face, chest and wrists. Ps state that MOS entered the apartment and broke down their bedroom door. Ps claim that MOS ordered P Beauge to the floor and then MOS grabbed and slammed P Beauge to the floor causing injury to his shoulder. Ps claim that another MOS placed his knees on P Beauges’s back and tightly handcuffed him which caused pain to his lower back and wrists. MOS state they were

Per NYPD complaint report, MOS went to the location in regards to a pick-up of a noise complaint. Per NYPD arrest report, P Santiago Serrano refused to turn the music down and cooperate with MOS. When MOS attempted to place P Santiago Serrano under arrest, he began to flail his arms and push the apartment door against other MOS. Did sustain back injuries. Per NYPD arrest report, P Jorge Perez preventing MOS from arresting others. MOS observed P Perez behind the apartment door propping his legs against wall placing his back on the apartment door using his legs to push door against MOS. P Perez ran into the bedroom and locked himself inside. MOS gained access into the bedroom and placed P Perez under arrest. Per NYPD arrest report, P Juan Lugo

P alleges false arrest. P alleges that MOS approached and searched him. P alleges after searching him, MOS approached his brother, Rashawn Belle (non-party) and arrested. P alleges that he went to inquiry about his brother’s arrest and MOS arrested him. MO Pizzarro, seated in unmarked vehicle, observed P taking money from people then meet up with his brother. Then, MOS Pizzarro radioed what transcribed to the MOS Nigro and approached P and his brother. As MOS Pizzarro was approaching them, P and his brother began to walk away. MOS Pizzarro observed P had his brother a plastic bag then the brother threw the bag into the bushes. MOS apprehended P’s brother while P had walked ahead. After P’s brother was arrest, P came back to the location and

P alleges excessive force and violation of her civil rights. P alleges that she was seated on the passenger seat in a car with her boyfriend, Eugene Poulson (non-party), who was seated on the driver seat. P alleges that MOS arrived at the location in an unmarked white van and in plain clothes. P alleges that MOS knocked on the driver side window. P claims that after MOS showed their badges then P and Mr. Poulson rolled down the window. P alleges that MOS told P and Mr. Poulson to get out of the car and they complied. P states that they were handcuffed and were made to seat on benches inside the van. P claims that MOS did not buckle her in with a seat belt on the benches. P alleges MOS received a call for a stolen car then the van began travelling fast.