Alcocer v. Bulloch County Sheriff's Office et al
Filing
91
ORDER instructing Plaintiff that she has until Monday, September 4, 2017 at 5:00 p.m. to re-file her reply and sur-reply briefs with citations to the record supporting all factual assertions. Signed by Chief Judge J. Randal Hall on 08/30/2017. (thb)
IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
JUDITH ALCOCER,
*
Plaintiff,
*
*
v.
*
BULLOCH COUNTY SHERIFF'S
*
OFFICE et al.,
CV 615-94
*
Defendants,
ORDER
Presently
before
Summary Judgment.
reason
for
the
Court
(Doc. 57.)
Plaintiff's
is
Defendants'
Motion
for
The key issue in dispute is the
extended
detention.
Plaintiff
claims
that Defendants filed her bond but refused to post it — and thus
refused
her
to
release
release.
her
—
Defendants
until
after
assert
I.C.E.
that
removed
Plaintiff
a
hold
secured
a
on
bond
and released Plaintiff when the bond posted.
In
claim
their
of
evidence
time
illegal
motion,
bond
Defendants
detention
in the record that
her
second,
reply
posted
or
fails
(1)
(2)
argue
because
Defendants
Defendants
that
she
Plaintiff's
has
cited
no
held her beyond the
subjected
her
to
a
separate seizure on the basis of her immigration status.
The Court agrees.
Federal Rule of
asserting
that
a
Civil Procedure 56(c)
fact
cannot be
or is
states
that
"a party
genuinely disputed must
support
the assertion by
materials
in
the
electronically
. . . citing to particular parts of
record,
stored
including
information,
stipulations . . . , admissions,
materials."
does
not
If
have
a party does
to
consider
Additionally,
Local
material
shall be
All
fact
material
facts
Rule
affidavits
or
declarations,
not
cite
to
Fed.
states
the
R.
that
record,
Civ.
P.
n[e]ach
forth
in
the
statement
a
court
56(c)(3).
statement
supported by a citation to
set
documents,
interrogatory answers, or other
it.
56
depositions,
the
of
record.
required
to
be
served by the moving party will be deemed to be admitted unless
controverted
by
Thus,
party
if
a
assertion
of
a
statement
does
fact
served
provide
at
not
the
summary
by
the
record
judgment
opposing
party."
citations
stage,
to
she
an
risks
conceding that assertion of fact.
In her response brief,
Plaintiff claims that "[her]
Susana Hinojosa' obtained a bond for
[her, but]
[t]he Defendants
placed the bond in a file and rather than releasing
kept her without probable cause,
erroneous
the
no
has
I.C.E.
United
record
not
whether
hold,
States
without a warrant,
in violation
Constitution."
citations
established
Defendants
eligible for release.
for
a
these
genuine
detained
of
the
dispute
her
beyond
based on an
however,
assertions.
of
[her] , they
Fourth Amendment
Plaintiff,
critical
sister,
material
the
time
of
provides
Thus,
fact
she
as
she
to
became
Fortunately
ignore
her
provide
for
Plaintiff,
assertions
citations
of
to
fact
the
the
Court
does
just because
record.
The
Therefore,
4, 2017 at 5 p.m.
citations
to
Plaintiff
SHALL
briefs are
Plaintiff
Rule 56,
The
have
to
she
has
failed
to
Court
may
"give
an
opportunity to properly support or address
Civ. P. 56(e).
not
[a]
fact."
Plaintiff has until Monday,
Fed.
R.
September
to re-file her reply and sur-reply briefs with
the
record
also
supporting
filed with the Court and appropriately labeled.
If
to
follow
all
the
materials
assertions.
her
not
that
factual
in
chooses
ensure
all
citation
cited
requirements
of
the Court will not consider her factual assertions.
Rules
of
Federal
Procedure
and
the
Local
Rules
to help courts fairly and efficiently resolve disputes.
summary
judgment
quickly
locate
stage,
the
record
evidence
citations
supporting
allow
each
the
exists
At the
court
side's
to
factual
assertions and determine whether there is a genuine dispute of
material
all,
fact.
They also show respect
for the
Court.
After
MjJudges are not like pigs, hunting for truffles buried in
briefs."
U.S.
v. Dunkel,
927 F.2d 955, 956 (7th Cir.
ORDER ENTERED at Augusta,
August,
Georgia,
this
5V
1991).
day of
2017.
RANDAL HALL, CHIEF .JUDGE
'UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
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