Roberts v. State of Alabama Department of Youth Services et al

Filing 78

ORDER denying 44 Motion to Strike, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 2/11/15. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ARTUHUR ROBERTS, JR.,

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Plaintiff,
v.
STATE OF ALABAMA
DEPARTMENT OF YOUTH
SERVICES and GEORGE
McCREE, in his individual
capacity,
Defendants.

CIVIL ACTION NO.
2:13cv335-MHT
(WO)

ORDER
Because the plaintiff has amended his response to
defendants’ motion for summary judgment to correct the
noted

deficiencies,

produced

and

on-the-record,

because

the

non-hearsay

plaintiff
testimony

has
from

Frankie Knight about the substance of his statements to
the EEOC, demonstrating that the evidence has been and
can

be

reduced

to

admissible

form

at

trial,

it

is

ORDERED that the defendants’ motion to strike (doc. no.
44) is denied. See Jones v. UPS Ground Freight, 683
F.3d

1283,

1293-94

(11th

Cir.

2012)

(“[A]

district

court may consider a hearsay statement in passing on a
motion for summary judgment if the statement could be
reduced to admissible evidence at trial or reduced to
admissible form.

The most obvious way that hearsay

testimony can be reduced to admissible form is to have
the hearsay declarant testify directly to the matter at
trial.”) (internal citations omitted).
DONE, this the 11th day of February, 2015.
_/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE