Rendered from the court's authenticated repository
Searchable full text
2,089 characters extracted
—
IN THE SUPERIOR COURT OF THE STATE OF RIDGEWAY
DEV_TYP )
)
)
)
)
)
)
)
)
)
DOCKET NO. RSC-AD-2306
Plaintiff
v.
PALMER POLICE DEPARTMENT
Defendant
ORDER
THIS CAUSE is based on Plaintiff dev_Typ’s Motion for Summary Judgment. Upon careful
consideration of the motion, the Court examined the grounds presented by the Plaintiff and the opposing
arguments. The motion is DENIED.
BACKGROUND
The Plaintiff, dev_Typ has filed for a Motion for Summary Judgment, asserting that they were acting
within the policies outlined by the Palmer Police Department (hereinafter “PPD”) Training Unit when accused
of deviating from jurisdiction. Plaintiff argues that the PPD Training Unit’s guide supersedes the Standard
Operating Procedures of the Department at-large, justifying their actions. The Respondent contests this motion,
arguing that Plaintiff has failed to meet the requirements for a summary judgment to be granted.
LEGAL STANDARD
Motions for summary judgment are governed by Title Seven Rule 38 of the Ridgeway Rules of Civil
Procedure which sets four requirements that must be met, (1) Must be filed seven days after the commencement
of the action, (2) Must be on the issues of liability alone, (3) Must contain supporting affidavits which sets forth
facts that would be admissible in evidence, (4) Must show that the affiant is competent to testify to the matters
set within the support affidavit.
ARGUMENT
Based on the above set legal standards, the Court agrees with the Respondent that the Plaintiff has failed
to meet the requirements for a summary judgment as set in R. Civ. P. 38. The Plaintiff’s motion only satisfies
the requirement of being filed seven days after the commencement of the action and as such, cannot be granted
by this Court.
CONCLUSION
The Court denies the Plaintiff’s motion for summary judgment. The motion primarily addresses factual
disputes and fails to meet the criteria outlined by the Rules of Civil Procedure for the granting of summary
judgment.
SO ORDERED, ADJUDGED AND DECREED.
At Palmer, Ridgeway, this 10th day of April, 2024.
ADMINISTRATIVE COURT
JUDGE
Document record
File size
123.4 KB
Uploaded
Feb 14, 2024 12:00 PM
Filed
Feb 14, 2024 12:00 PM
Filing code
ADMINISTRATIVE_APPLICATION
Uploaded by
devtyp
Notes
MSJ_Ruling-Fixed.pdf — archived from the Trello docket (https://trello.com/c/F2O0I7xI)