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Gayden v. Mariano

United States District Court, N.D. Illinois, Eastern Division
Sep 7, 2010
No. 09 C 7557 (N.D. Ill. Sep. 7, 2010)

Opinion

No. 09 C 7557.

September 7, 2010


MEMORANDUM ORDER


In response to this Court's brief August 31, 2010 memorandum order that identified two problematic aspects of the Answer to the First Amended Complaint brought by Isaac Gayden, defense counsel has promptly filed an Amended Answer. But this Court's review of that responsive pleading to confirm its compliance with the earlier memorandum order has spotted a problem that this Court frankly missed the first time around.

Answer ¶ 16 properly admits that on April 22, 2010 Circuit Court Judge Cannon found that there was no probable cause for Gayden's arrest. On what basis, then, can Amended Answer ¶¶ 27 and 32 (like the original Answer) refer to Gayden's "lawful arrest"? Because of the objective good faith obligation imposed by Fed.R.Civ.P. 11(b), defense counsel is ordered to file either a suitable explanation or a retraction of that characterization on or before September 15, 2010.

Date: September 7, 2010


Summaries of

Gayden v. Mariano

United States District Court, N.D. Illinois, Eastern Division
Sep 7, 2010
No. 09 C 7557 (N.D. Ill. Sep. 7, 2010)
Case details for

Gayden v. Mariano

Case Details

Full title:ISAAC GAYDEN, Plaintiff, v. CHICAGO POLICE OFFICERS MARIANO (STAR #6691)…

Court:United States District Court, N.D. Illinois, Eastern Division

Date published: Sep 7, 2010

Citations

No. 09 C 7557 (N.D. Ill. Sep. 7, 2010)