Edwards et al v. Haritos et al
Filing
118
MOTION by Defendants J Haritos, P. Park for judgment as a Matter of Law pursuant to Rule 50(a) (Satoh, Reiko)
THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
ORLANDO EDWARDS and LEE
EDWARDS,
Plaintiffs,
v.
CHICAGO POLICE OFFICER J. HARITOS,
STAR NO. 16873, and OFFICER P. PARK,
STAR NO. 13949
Defendants.
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No. 09 CV 1726
Hon. James F. Holderman
DEFENDANT CHICAGO POLICE OFFICER J. HARITOS AND P. PARK’S
MOTION FOR JUDGMENT AS A MATTER OF LAW
Defendants, Chicago Police Officer J. Haritos and P. Park, by and through their attorneys,
Frank P. Nowicki and Reiko Satoh of Johnson & Bell, Ltd., and pursuant to Federal Rules of
Civil Procedure 50(a) move for Judgment as a Matter of Law in favor of Defendants. In support
thereof, Defendants state as follows:
Pursuant to Federal Rule of Civil Procedure 50(a) a party may move for judgment as a
matter of law if the Court finds that a reasonable jury would not have a legally sufficient
evidentiary basis to find for the party on that issue. F.R. Civ. P. 50(a).
Each of the plaintiffs, Lee Edwards and Orlando Edwards, has alleged the following
claims against each of the defendants, John Haritos and Paul Park: 1) False Arrest; 2) Excessive
Force; 3) Malicious Prosecution; and 4) Failure to provide medical attention.
Defendants hereby move for judgment as a matter of law with respect to all of plaintiffs’
claims because the jury does not have a legally sufficient evidentiary basis to find for either of
the plaintiffs on each of their claims. The jury does not have sufficient evidence to find in favor
of the plaintiffs on any of their claims because the testimony of the plaintiffs and their family
members is contradictory, confusing and unclear.1 Furthermore, there has been no evidence that
Paul Park used excessive force upon Lee Edwards or that John Haritos used excessive force upon
Orlando Edwards on March 3, 2008 at 5736 West Ohio.
WHEREFORE, Defendants, Chicago Police Officer J. Haritos and P. Park, respectfully
request this Honorable Court to grant Defendants’ Federal Rule of Civil Procedure 50(a) Motion
for Judgment As A Matter of Law, and for any other relief deemed just and appropriate.
Dated: January 12, 2011
Respectfully submitted,
CHICAGO POLICE OFFICER JOHN
HARITOS and PAUL PARK
By: /s/ Reiko Satoh _____________
Frank P. Nowicki
Reiko Satoh
Johnson & Bell, Ltd.
33 West Monroe, Suite 2700
Chicago, Illinois 60603
312-372-0770
Fax: 312-372-9818
#2918303
1
Defendants’ argument to be supplemented orally before the Court.
2
CERTIFICATE OF SERVICE
The undersigned on oath states that she served true and correct copies of the foregoing
DEFENDANTS’ MOTION FOR JUDGMENT AS A MATTER OF LAW via the Northern District of
Illinois ECF System on January 12, 2012.
Jeffrey Neslund
Law Office of Jeffrey Neslund
150 N. Wacker Drive
Suite 2460
Chicago, IL 60606
/s/ Reiko Satoh
[x] Under penalties as provided by law pursuant to Ill. Rev. Stat.
Chap. 110 §1-109, I certify that the statements set forth herein
are true and correct.
3
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