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, )

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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?