Gieselman v. Jackson et al

Filing 111

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendants' motion for summaryjudgment [#27] is denied without prejudice. Signed by Honorable Rodney W. Sippel on 8/3/11. (LAH)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GARY GIESELMAN,

)
)
Plaintiff,
)
)
vs.
)
)
VALERIA WILSON JACKSON, et al., )
)
Defendants.
)

Case No. 4:10CV1619 RWS

MEMORANDUM AND ORDER
While in custody at the Washington County jail, Gary Gieselman was
severely beaten by inmates at the direction of defendants Vernon Wilson and
Valeria Wilson Jackson. Both of these defendants have been convicted in this
Court for their role in the attack on Gieselman. Defendants Wilson, Jackson, and
Washington County now move for summary judgment in this § 1983 case on the
ground that Gieselman, in exchange for $50,000, signed a release indemnifying
them from any claims arising out of his beating. Defendants attached a copy of the
release to their motion for summary judgment. It is signed only by Gieselman, not
defendants, and there is no evidence documenting its authenticity or demonstrating
that the release was executed in accordance with Missouri law.
Gieselman contends that summary judgment should be denied because there
are genuine disputes of material fact concerning whether the release is void or
voidable. In part, Gieselman challenges the release based on statements made to

him by the Missouri Public Entity Risk Management Fund (MOPERM),
defendants’ insurer. Gieselman has now filed a second amended complaint
joining MOPERM and others as defendants.
In light of MOPERM’s recent joinder as a defendant, and in consideration
of the dearth of evidence authenticating the release and demonstrating its
compliance with Missouri law, I find that defendants’ motion for summary
judgment must be denied as premature. Whether this issue may ultimately dispose
of Gieselman’s claims is not properly before me at this time.
Accordingly,
IT IS HEREBY ORDERED that defendants’ motion for summary
judgment [#27] is denied without prejudice.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 3rd day of August, 2011.

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