Block on Trump's Asylum Ban Upheld by Supreme Court
In a 42 U.S.C. section 1983 and wrongful death action by the estate of a decedent against police deputies and the manufacturer of a Taser device used by police in apprehending decedent, summary judgment for defendants is affirmed where: 1) plaintiffs' statement of material facts accompanying their opposition to defendants' motion for summary judgment was convoluted, argumentative and nonresponsive, and thus the district court properly excluded it; 2) plaintiffs provided no admissible evidence to support their claim that use of the Taser caused the decedent's death; and 3) plaintiffs provided no evidence that defendants-deputies used excessive force or were deliberately indifferent to a serious medical need.
Argued: May 27, 2009
Decided: December 2, 2009
Opinion by Judge Fay
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