Free Motion for Summary Judgment - District Court of Delaware - Delaware

Case 1:07-cv-00172-SLR

Document 19

Filed 08/01/2008

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) Plaintiff, ) ) v. ) ) STANLEY TAYLOR, FIRST, ) CORRECTIONAL MEDICAL, ) CERTAIN UNKNOWN INDIVIDUAL ) EMPLOYEES OF THE STATE OF ) DELAWARE DEPARTMENT OF ) CORRECTION, RAPHAEL WILLIAMS, ) CERTAIN UNKNOWN INDIVIDUAL ) EMPLOYEES OF FIRST ) CORRECTIONAL MEDICAL CTR., and ) STATE OF DELAWARE DEPARTMENT ) OF CORRECTION, ) ) Defendants. ) JANET PORTER, KERRY PAXON, as next friend of KP, CHRISTOPHER PORTER, ERIC PORTER, and LEE GOLDSTEIN, Administrator of the ESTATE OF ROBERT GLENN PORTER,

C.A. No. 07-172-SLR

Jury Trial Requested

STATE DEFENDANTS STANLEY TAYLOR, RAPHAEL WILLIAMS AND STATE OF DELAWARE DEPARTMENT OF CORRECTION'S MOTION FOR SUMMARY JUDGMENT COMES NOW, State Defendants Stanley Taylor, Raphael Williams and the State of Delaware Department of Correction (the "State Defendants"), by and through their undersigned counsel, and hereby move this Honorable Court (the "Motion") to enter an Order granting summary judgment in their favor and against the Plaintiffs as to all claims against them pursuant to Rule 56(c) of the Federal Rules of Civil Procedure. State Defendants have filed simultaneously herewith an Opening Brief in Support of Their Motion for Summary Judgment.

Case 1:07-cv-00172-SLR

Document 19

Filed 08/01/2008

Page 2 of 3

WHEREFORE, State Defendants respectfully request that this Honorable Court enter an order granting summary judgment in their favor and against the Plaintiffs as to all claims. DEPARTMENT OF JUSTICE STATE OF DELAWARE /s/ Erika Y. Tross Erika Y. Tross (#4506) Stephani J. Ballard (#3481) Deputy Attorneys General 820 N. French Street Wilmington, DE 19801 (302) 577-8400 Attorneys for the State Defendants Dated: August 1, 2008

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Case 1:07-cv-00172-SLR

Document 19

Filed 08/01/2008

Page 3 of 3

CERTIFICATE OF SERVICE
I, Erika Y. Tross, Esq., hereby certify that on August 1, 2008, I caused a true and correct copy of the attached State Defendants Stanley Taylor, Raphael Williams and State of Delaware Department of Correction's Motion for Summary Judgment to be served on the following individual in the form and manner indicated:

VIA ELECTRONIC DELIVERY & FIRST CLASS MAIL: Herbert G. Feuerhake, Esquire Law Office of Herbert G. Feuerhake 521 West Street Wilmington, DE 19801 /s/ Erika Y. Tross Erika Y. Tross (#4506) Deputy Attorney General Delaware Department of Justice Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 302-577-8400