Free Affidavit in Support of Motion - District Court of Arizona - Arizona

EXHIBIT "A" Michael D. House Chandler City Attorney Michael E. McNeff, SBA # 3083 Assistant City Attorney 55 North Arizona Place, Suite 202 Chandler, Arizona 85225 (480) 782-4640 / (480) 782-4652 Fax Attorneys for the Defendant Cox

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

KERRY ALLYNN CHASE, Plaintiff, v. BRYAN COX, et al., Defendants.

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NO.CV-04-0056-PHX-NVW(MS) SECOND AFFIDAVIT OF BRYAN COX IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

I, Sergeant Bryan Cox of the Chandler Police Department , being duly sworn upon oath, hereby state the following in support of the Motion For Summary Judgment. 1. I affirm my previous affidavit filed in support of my Motion For Summary Judgment. 2. 3. I have read the deposition of Kerry Allynn Chase taken on February 23, 2005. I specifically deny the allegations that Mr. Chase made about the events that occurred on April 30, 2002, on pages 14-16 and on pages 45-47. 4. 5. I never struck Mr. Chase with closed fist or open hand. I never threw Mr. Chase against walls or onto the floor.

Case 2:04-cv-00056-NVW-LOA

Document 112-2

Filed 04/18/2006

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Kerry Allynn Chase 2nd Affidavit of Cox / CV-04-0056-PHX-NVW(MS)

6.

I did nothing to Mr. Chase that could, in any manner, cause bruising or any other injury in any form.

7.

The only force I used against Mr. Chase was to push him back into a chair with an open hand after he tried to force his way around me to leave the room, before I was through conducting my lawful business pursuant to a valid court order. ___s/________________________ Sgt. Bryan Cox Chandler Police Department

State of Arizona County of Maricopa

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Subscribed and sworn to before me this 11th day of April, 2006, by Bryan Cox.

s/ Notary Public

My Commission Expires: 09/25/09

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Case 2:04-cv-00056-NVW-LOA

Document 112-2

Filed 04/18/2006

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