Ramirez v. SULIENE et al

Filing 148

ORDER denying 143 Motion to Dismiss. Signed by District Judge Barbara B. Crabb on 7/30/10. (elc),(ps)

Ramirez v. SULIENE et al

Doc. 148

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------LUIS A. RAMIREZ, P la i n ti f f , v. C UR TIS DELONG, MARK ISAACSON an d VICTOR TRIMBLE, D efendan ts. --------------------------------------------Plaintiff Luis Ramirez is proceeding on a claim that defendants Curtis Delong, Mark I s a a cso n and Victor Tremble violated his Eighth Amendment rights by disregarding sy m p to m s he suffered as a result of methadone withdrawal. Trial is scheduled for August 23 , 2010. Defendants have filed a motion to dismiss the case as a sanction for plaintiff 's alleged creation of fraudulent documents. Dkt. #143. In particular, defendants say that, during his deposition on July 22, 2010, plaintiff presented counsel for defendants with a journal that he intends to use as evidence at trial to corroborate his version of events and to refresh his recollection . Although plaintiff claims to have written the journal in 2007, defendants ORDER 09-cv-314-bbc

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believe that defendant did not create the journal until 2010. Defendants' proof is that several pages of the journal include dates from 2010 immediately after dates from 2007. D efendan ts' motion will be denied because the issue they raise is one for the jury to resolve. If defendants believe they have caught plaintiff in a lie, they are free to impeach him w ith the evidence they have while he is testifying at trial.

OR DER IT IS ORDERED that the motion to dismiss filed by defendants Curtis Delong, Mark Isaacso n and Victor Tremble, dkt. #144, is DENIED. E n tered this 30 t h day of July, 2010. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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