Scholes v. Fayette County Jail et al

Filing 25

ORDER TO RESPOND TO 22 Motion for Summary Judgment filed by Brian Glidden, Miles McConkey. Signed by Magistrate Judge Donald G. Wilkerson on 8/25/11. (alg)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BRIAN SCHOLES,
Plaintiff,
v.
MILES McCONKEY, et al.,
Defendants.

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Case No. 11-cv-00140-GPM-DGW

ORDER TO RESPOND
On August 18, 2011, the Defendants Miles McConkey and Brian Glidden filed a Motion
for Summary Judgment and Memorandum in Support accompanied by an affidavit, exhibits,
and/or deposition pursuant to Rule 56(b) of the Federal Rules of Civil Procedure (Docs. 22, 23,
24). Because of your status as a pro se plaintiff, the Court advises you that failure to adequately
respond to Defendants’ motion could result in a judgment for the defendants and a dismissal of
your claim. Bryant v. Madigan, 84 F.3d 246 (7th Cir. 1996); Lewis v. Faulkner, 689 F.2d 100 (7th
Cir. 1982).
By their motion for summary judgment, the Defendants are asking to have this lawsuit
decided in their favor without a trial based on the evidence presented in the affidavits and
documents attached to their motion. (Docs. 22, 23, 24). Any factual assertion in the affidavits
will be accepted by this Court as being true unless you submit your own affidavits or other
documentary evidence contradicting the assertions. If you fail to submit affidavits or other
documentary evidence that would be the equivalent of failing to present any evidence in your
favor at a trial of this matter.

Rule 56 of the Federal Rules of Civil Procedure governs motions for summary judgment,
and that rule must be complied with by you in submitting any further response to the defendants’
motion. Rule 56 provides in pertinent part:
(c) . . . The judgment shall be rendered forthwith if the pleadings,
depositions, answers to interrogatories and admissions on file,
together with the affidavits, if any, show that there is no genuine
issue as to any material fact and that the moving party is entitled to
a judgment as a matter of law . . . .
(e) Supporting and opposing affidavits shall be made on personal
knowledge, shall set forth such facts as would be admissible in
evidence, and shall show affirmatively that the affiant is competent
to testify to the matters stated therein. Sworn or certified copies of
all papers or parts thereof referred to in an affidavit shall be
attached thereto or served therewith. The court may permit
affidavits to be supplemented or opposed by depositions, answers
to interrogatories or further affidavits. When a motion for
summary judgment is made and supported as provided in this rule,
an adverse party may not rest upon the mere allegations or denials
of the adverse party’s pleading, but the adverse party’s response,
by affidavits or as otherwise provided in this rule, must set forth
specific facts showing that there is a genuine issue for trial. If the
adverse party does not so respond, summary judgment, if
appropriate, shall be entered against the adverse party.
Fed. R. Civ. P. 56 (emphasis added).
Under Rule 56 of the Federal Rules of Civil Procedure, you have a right to respond to the
motions and accompanying sworn material by filing your own affidavit or other sworn
responses. Although the mere filing of affidavits or other responsive materials will not guarantee
the denial of Defendants’ motion, your response will enable the Court to consider more
meaningfully all relevant factors. If you do not respond to the motion with your own affidavits
to dispute the facts established by the Defendants, summary judgment may be entered against
you if, on the basis of the facts established by the Defendants, the Defendants are entitled to a
judgment as a matter of law. Unless you respond to these motions with sworn statements which

contradict important facts claimed by the Defendants in their sworn materials, the Court will
accept the Defendants’ uncontested facts as true.
More importantly, you will lose this lawsuit, in whole or in part, if the Court determines
that, under those unchallenged facts, the Defendants are entitled to judgment under the law.
In the event you elect to respond to the Defendants’ motion, your response must include
or be supported by sworn statements or other responsive materials. You cannot merely rely upon
any conflict or inconsistency between the contents of the complaint and the affidavit or other
sworn materials filed in support of the Defendants’ motion. If you submit an affidavit or
affidavits in support of your responses, the facts in the affidavits must be personally known to
the person making the affidavit and not be hearsay; the facts must be specific and not general.
Merely denying the facts in the sworn material filed by the Defendants in support of their motion
or giving opinions or beliefs is not enough.
Plaintiff shall respond and file any such affidavits or other evidence with the court
no later than September 22, 2011.
IT IS SO ORDERED.
DATED: August 25, 2011
____________________________
DONALD G. WILKERSON
United States Magistrate Judge