Free Other Notice - District Court of Arizona - Arizona

EXHIBIT B

Case 2:03-cv-01892-ROS

Document 170-5

Filed 11/17/2006

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Kathleen L. Wieneke, Bar #011139 Jennifer L. Holsman, Bar #022787 JONES, SKELTON & HOCHULI, PLC. 290 I North Central Avenue, Suite 800 Phoenix, Arizona 85012 Telephone: (602) 263-1700 Fax: (602) 200-7858 [email protected] [email protected] Attorneys for Defendant The City of Phoenix, etal UNITED STATES DISTRICT DISTRICT COURT

OF ARIZONA NO. CV03-1892-PHX-ROS

i Teresa August, et aI,
Plaintiff, v.

PROPOSED JOINT STATEMENT OF THE CASE

13 II Thc City of Phoenix, et aI, 14 15 16 17 18 19 Case as follows. Plaintiff, however, objects to the second sentence of the second paragraph in the Joint Statement. Plaintiff alleges that her actions are not a defense to 1983 liability. Plaintiff particularly objects to reference to her actions being described as "uulawful resistance" as such a statement is conc1usory and appears to be a finding of fact and law, which is not the case. Plaintiff notes that it was only her arrest for "resisting arrest" that was found by the criminal court to have been effected with probable cause, but that the The parties, through couusel, submit this Proposed Joint Statement of the

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Case 2:03-cv-01892-ROS

Document 170-5

Filed 11/17/2006

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officers seized her and went to arrest her for the different crime of misdemeanor assault on Sam. Defendants assert that Plaintiff was arrested for resisting arrest on June 10,

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2002. This Court found that the officers had prohable cause to arrest Plaintiff for resisting arrest, thus her resistance was "unlawfuJ1' as outlined. Defendants also assert that the

subject sentence is Defendants' contention, just as the claims in the first paragraph of the "Joint Statement!! are Plaintiffs contentions. Plaintiff has no right to correct Defendants'

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contentions, as they are just that -- what Defendants contend. JOINT PROPOSED STATEMENT OF THE CASE

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Plaintiff Teresa August alleges that Defendant City of Phoenix police officers used excessive force in violation of 42

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use

§ 1983 when they arrested her at her house on June

10, 2002. Plaintiff Teresa August alleges that the force used by the officers was excessive and caused the dislocation of her right elbow. She claims damages for the deprivation of her federal constitutional rights and stemming trom the injury to her elbow. Defendants deny liability and assert that the use of force during her lawful arrest was reasonable under the circumstances. Defendants further assert that any injury sustained by Plaintiff was the result of her unlawful resistance Defendants deny that Plaintiff is entitled to any damages. to a legal arrest.

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Case 2:03-cv-01892-ROS

Document 170-5

Filed 11/17/2006

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DATED this 17th day of November, 2006. JONES, SKELTON & HOCHULI, P.L.C.

By

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s/Jennifer L. Holsman Kathleen L. Wieneke Jennifer L. Holsman 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorneys for Defendant Tbe City of Phoenix, et al. TREON & SHOOK By s/Daniel B. Treon/per authorization Daniel B. Treon 2700 North Central Avenue, Suite 1000 Phoenix, Arizona 85004 Attorneys for Plaiotiff

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Electronically filed and served this 17th day of November, 2006, to: ALL PARTIES ON ELECTRONIC COPY e-mailed tbis same date to: Tbe Hon Rosalyn O. Silver United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 624 401 West Washington Street, SPC 59 Phoenix, Arizona 85003 SERVICE LIST

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s/Gloria Gray

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Case 2:03-cv-01892-ROS