· 6/14/2023
IncreMedical, LLC v. Alyssa Kennedy
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that non-compliance with Local Civil Rule 7(h) permits the district court to assume the facts identified by the moving party as admitted, though the court retains the discretion to review the entire record
- holding that “[w]hen a plaintiff relies entirely on his own self-serving testimony, which lacks any corroboration and is contradicted by all the available ... evidence, a court is not obligated to reward the plaintiff with a jury trial”
- noting that rule “permits, but does not require,” the district court to treat facts as conceded
- reversing grant of qualified immunity amidst factual dispute as to whether arrestee was armed and not yet subdued when officers beat him and ordered police dog to bite him
- more force than was reasonable was used when a suspect was punched, beaten, and attacked by a police dog after already being disarmed and handcuffed
- “Rule 7(h) permits, but does not require . . . the district court to enter judgment because of the nonmoving party’s default in complying with the local rule.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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