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Civil Procedure Keyed to Crump
Harriman v. Hancock County
Facts
Plaintiff was arrested while intoxicated and while in jail he was acting belligerent in his cell and when officers went into the cell they saw him in a puddle of urine. The plaintiff also had 2 seizures after he fell and his head in the cell. After paramedics arrived the plaintiff could not recall what happened but describe seeing flashes of light and hearing screaming. The plaintiff sued the defendant for allegedly beating him causing head injuries and permanent brain damage. As trial commenced, and after initial disclosures, 2 days before the plaintiff’s responses to a motion to dismiss was due, the plaintiff filed a supplemental initial disclosure identifying an officer and his cousin, who was also in the jail, as people having discoverable information, supported by affidavits that they persons with discoverable information were only recently located. The defendant moved to strike the affidavits. The supplemental disclosure was not the first time the plaintiff had missed a deadline to file with the court.
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