Hello, I hope you’re dong well,I have final Submission for legal brief that is tomorrow, so I already have everything ready but my professor wrote some comments and please I need you to correct them (don’t do the whole brief-just correct what she is asking) also my part is the defendant and I will put some links that my professor sent me may help you I will attach statement of fact my draft and template,,, If you need any thing let me know-thank you so much!!STATEMENT OF FACTSPeter Griffin lived in Macomb County and had known Brian G. Boy since he was five years old. They were next door neighbors. Brian and Peter used to hang out every day after school and loved playing basketball, baseball, and video games. They also enjoyed riding on their longboards and playing street hockey. When the boys were twelve years old, Quagmire Jones and his family moved in down the street. Brian was not too fond of Quagmire; however, he would talk to him on occasions. The only time he really hung out with Quagmire was when Peter was around. Brian noticed that Peter and Quagmire started to hang out more each week. By the time Peter was 16 years old, Brian and he only spoke occasionally. Peter was always with Quagmire. Peter also started dating Lois at this time.On March 23, 2019, Peter Griffin, who was 18 years old, and his friend, Quagmire Jones, who was 17years old, were driving around in Peter’s 1986 Ford Escort. Peter and Quagmire were known menaces in the community and would create various disturbances. Peter and Quagmire both had been drinking at Quagmire’s house and were feeling the effects of alcohol. Peter went and grabbed his father’s 45 mm to show it to Quagmire. Peter knew that there were not any bullets in the gun. At one point, they thought about playing Russian roulette, but Peter could not find any bullets for the gun. After an hour of drinking, Quagmire talked Peter into going to the bar to try and pick-up some girls for the night. Peter knew that if Lois found out he was with Quagmire, she was not going to be happy with him because he had promised to go to the show with her that night. Peter tried calling Lois, however, she did not answer, so he left her a message that he was not able to go to the show because he had to help Peter fix his car.As they were driving to the bar (with their fake ids), Peter noticed that his car needed gas and pulled into the Marathon gas station to fill his tank. Peter didn’t have any money or an active creditcard; Quagmire only had $5.00 in his wallet. Peter pulled up to the pump and filled his tank. Subsequently, Peter drove away without paying for the gas.Quagmire noticed a person walking his dogs and had Peter pull over so they could mug him. They stopped the car to commit the crime. They stole the man’s wallet, which contained $1,000 and his gold Rolex. Several weeks later, Peter and Quagmire were arrested for the robbery and for stealing the gas. The police learned that these were not the only crimes the two had committed over the last several weeks.The victim identified Peter and Quagmire from the police lineup. Peter is 5’8’ and weighs 180 pounds while Quagmire is 5’7”, weighing 120 pounds. After Quagmire was apprehended, he was transferred to the Macomb County jail to face the pending charges. He was placed in maximum security. The County jail did not want to place Quagmire in the minimum-security section because they wanted to keep him separated from his accomplice Peter. The County jail did place Peter in the minimum-security section. Initially, Quagmire shared his cell with Samuel Peters, but he was transferred to another cell. Paul Predator, another maximum-security inmate, was his new cellmate. Paul was 6’2” and weighed 220 pounds. Paul had been convicted of sex offenses, specifically rape and sexual contact with a minor. The County Jail knew of Paul Predator’s offenses.At night, the maximum-security cells are locked down, but during the day, the inmates may move around in the common areas. There is an emergency alarm button located in the common areas, but it is not accessible at night when the cells are locked down. The County jail also has security surveillance cameras in the maximum-security section, but the cameras do not provide a view inside the individual cells. The jails check the cells every 20 minutes; however, Quagmire claimed that the jailers only came into the cell block once a day.Quagmire alleged that Predator sexually assaulted him repeatedly, but that did not tell anyone about the assaults because he believed Predator had a knife and he was afraid that Predator wouldretaliate against him. After a week, Quagmire was able to leave a note in the cell bars before lockdown informing the jailers that Predator had sexually assaulted him. This was the only way that Quagmire could think of for informing the jailors about the assaults without alerting Predator. An hour after discovering the note, the jailers moved Quagmire out of the cell.In January 2020, Quagmire filed a civil rights action in federal district court against Defendants County of Macomb, Count of Macomb Board of Commissioners, Sheriff Cleveland Brown; Macomb County Jail, and Deputy Joe Swanson, alleging violations of his constitutional rights and state tort law. He claimed that defendants demonstrated a reckless disregard for his constitutional rights by failing to protect him from inmate violence in violation of the Eighth Amendment. Further, he claimed that defendants transferred him to Predator’s cell even though they knew Paul was a sexual predator, failed to properly supervise the cell block, failed to develop adequate protection or policies to minimize or eliminate inmate sexual assaults, failed to stop double-celling inmates, and failed to adequately classify and segregate inmates. In his independent state tort claim, Quagmire alleged essentially the same acts and omissions as those alleged in his constitutional claim. He specifically claimed that defendants failed to adequately protect him form inmate sexual assault, despite his obvious vulnerability to the assault because of his youth, physical size, and status as a new admitted to the jail.Defendants claimed that they did not have any knowledge or reason to suspect that inmates in the jail faced a substantial risk of sexual assault from other inmates, particularly Paul Predator. Defendants sought a motion for summary judgment.***** Legal Briefs – here are some links that will provide what are legal briefs, the various types, and some sample writings. Please view the argument portions in the various types of the briefs because that is the most important portion of the brief (the heart of the brief). It is the portion where you persuade the court to find in your favor by discussing the authorities that support your view and applying your facts.https://www.wikihow.com/Format-a-Legal-Brief (Links to an external site.)https://rasmussen.libanswers.com/faq/263875 (Links to an external site.)https://www.law.northwestern.edu/academics/curricular-offerings/practice/mootcourt/juliusminer/documents/Sample%20Brief%203.pdf (Links to an external site.)http://cdn2.hubspot.net/hub/79400/attorneys/buckleyjohn%20sample.pdf?t=1435173019949 (Links to an external site.)This sample provides annotations to the first and final drafts of the legal brief.https://www.law.cuny.edu/legal-writing/students/court-brief/court-brief-4/court-brief-4-first/ (Links to an external site.)When you research you will find cases that you may want to use for your writing projects. Case briefs are when you summarize cases into a one-page document. Please remember case briefs are not legal briefs. Case briefs summarize cases that have already been decided while legal briefs are documents submitted to the court, asking the court to rule in your favor on an issue. Case briefs are also discussed in chapter four of our textbook. The resource below provides a template for briefing a case and an example.What is an example of a law school case brief template? – JD Advising(CAPTION)
(The caption will include the parties, court, docket number, and judge)
(Heading of your Brief, for example)
DEFENDANT’S BRIEF IN SUPPORT OF DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT
or
PLAINTIFF’S RESPONSE TO DEFENDANT’S BRIEF IN SUPPORT OF
DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
TABLE OF CONTENTS
PAGE
Index of Authorities……………………………………………………………………
Statement of Questions Presented…………………………………………………….
Statement of Facts…………………………………………………………………….
Summary Judgment Standard…………………………………………………………
Argument……………………………………………………………………………..
Is summary judgment appropriate in a Civil Rights action where the jailers
failed to protect an inmate from violence in violation of the Eighth
Amendment by failing to properly supervise the cell block, to develop
adequate policies or protection to minimize or eliminate inmate sexual
assaults, to stop double-celling inmates, and to adequately classify and
segregate inmates..………………………………………………………………….
Or
Is summary judgment appropriate in a Civil Rights action where the jailers
did not fail to protect an inmate from violence in violation of the Eighth
Amendment by properly supervising the cell block, developing adequate
policies or protection to minimize or eliminate inmate sexual assaults, stop
double-celling inmates, and adequately classifying and segregating
inmates..………………………………………………………………………………..
(please choose the correct phrase that will bolster your side on whether court
should grant/deny Defendant’s motion.)
Conclusion and Relief Requested…..…………………………………………………….
(There is not any page number here.)
INDEX OF AUTHORITIES
PAGE
CONSTITUTIONAL AMENDMENTS
FEDERAL CASES
STATUTES
COURT RULES
(OTHER AUTHORITIES – If use secondary authorities that are respectable and use
appropriate headings.)
(Please number the following pages beginning with “i.”)
STATEMENT OF QUESTIONS PRESENTED
Is summary judgment appropriate in a Civil Rights action where the jailers did not
fail/failed to protect an inmate from violence in violation of the Eighth
Amendment by failing to properly supervise the cell block, to develop adequate
policies or protection to minimize or eliminate inmate sexual assaults, to stop
double-celling inmates, and to adequately classify and segregate inmates?
Or
Is summary judgment appropriate in a Civil Rights action where the jailers
did not fail to protect an inmate from violence in violation of the Eighth
Amendment by properly supervising the cell block, developing adequate
policies or protection to minimize or eliminate inmate sexual assaults, stop
double-celling inmates, and adequately classifying and segregating
inmates?
(Put your position here.)
Defendant/Plaintiff argues the answer is “Yes/No.”
STATEMENT OF FACTS
(Please put your statement of facts here in paragraph form. This begins
with page number 1.)
SUMMARY JUDGMENT
(This is where you will tell the court that it has jurisdiction to hear the matter and tell it
which statute gives it that jurisdiction and which court rules you are relying on. You will
also inform the court about summary judgment and authorities.)
ARGUMENT
(Put your argument here)
(Now you will begin your argument of your brief. You may have a paragraph discussing
the authority for summary disposition and may go right into your argument.)
CONCLUSION
(You will do brief conclusion here following your argument and state whether the motion
for summary disposition should be granted or not. Will be about one to two paragraphs.)
Respectfully submitted,
___________________
(Attorney and address)
Quagmire Jones, Petitioner
V
County of Macomb, Respondent
Count of Macomb Board of Commissioners, Respondent
Sheriff Cleveland Brown; Macomb County Jail, Respondent
Deputy Joe Swanson, Respondent.
12 November 2020
PETITIONER’S MOTION FOR SUMMARY JUDGMENT ON THE MATTER OF MALICIOUS
AND UNRIGHTFUL PROSECUTION
DEFENDANT’S BRIEF IN SUPPORT OF DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT
TABLE OF CONTENTS
PAGE
Index of Authorities………………………………………………………………3
Statement of Questions Presented…………………………………………………4
Statement of Facts…………………………………………………………………5
Summary Judgment Standard………………………………………………………6
Argument……………………………………………………………………………7
Is summary judgment appropriate in a Civil Rights action where the jailers failed to protect an
inmate from violence in violation of the Eighth Amendment by failing to properly supervise the
cell block, to develop adequate policies or protection to minimize or eliminate inmate sexual
assaults, to stop double-celling inmates, and to adequately classify and segregate inmates
within the cells. The judgment is appropriate regarding things that ought to be done in making
things happen and implementing the necessary protocols of change and making sure all goes
as planned which is key in promoting a certain degree of happiness.
Conclusion and Relief Requested…..…………………………………………………….
INDEX OF AUTHORITIES
CONSTITUTIONAL AMENDMENTS
The eight constitutional amendments.
FEDERAL CASES
The federal cases on tort and associated human rights to be protected during the legal
procedures is a significant issue worth addressing.
STATUTES
The federal statute (FTCA-1946) against tort
COURT RULES
The court rule on the issue is a failure to observe the required guidelines for the protection of
the individuals jailed or under close supervision.
STATEMENT OF QUESTIONS PRESENTED
Is summary judgment appropriate in a Civil Rights action where the jailers did not fail/failed to
protect an inmate from violence in violation of the Eighth Amendment by failing to properly
supervise the cell block, to develop adequate policies or protection to minimize or eliminate
inmate sexual assaults, to stop double-celling inmates, and to adequately classify and
segregate inmates?
Defendant argument is Yes.
STATEMENT OF FACTS
The client was not handled in a human manner during the stay in the prison. The protection
against tort and sexual violence was not up to standard hence caused the injustice that was
witnessed. The defendant (Quagmire) was not protected since the supervision was not done the
right way hence negatively impacted his life by exposing him to danger. Necessarily, there was
the need to emphasize on the critical elements and ensure that the right processes of change
got implemented in making things work appropriately. With the fundamental protocols and key
observations of the tort laws, the defendant was not protected in a perfect way and how things
ought to be done following legal procedures.
SUMMARY JUDGMENT
Following the inhuman treatment of Mr. Quagmire, there is a violation of the federal statute
(FTCA-1946) against tort. Human rights are supreme and should precede any other action
hence the right to protection is supposed to be assured. Making things possible in the legal
environment is by following all the procedural actions and ensuring that all that happens are
within the means and quality aspects. Following the inhuman treatment of Mr. Quagmire, a lot
has to be done in helping save the reputation of the individual and reduce the challenges and
threats of the negative consequences witnessed. With the adverse consequences and key
challenges, it is necessary to focus on the critical and fundamental elements of success which
makes things to work appropriately. The Federal statute of protecting the individuals who are
convicted were not observed appropriately hence reducing the degree and quality of justice in
the legal settings.
ARGUMENT
The prison department ought to have ensured that the safety of Mr. Quagmire is made precise
and better through good surveillance and making things work appropriately as per the claims
and quality aspects. Essentially, there is the need to implement some of the perfect measures in
making things work through the right modules of security and justice. Professional negligence is
witnessed in the situation whereby the client was not heard especially on the complaints of
sexual assault. The level of ignorance and failure to observe fundamental elements of change
and making things work appropriately was not followed to the later. With the levels of security
and the urge to protect human rights, the convicted ought to be given security and protected
against all other forms of tort or physical extreme actions.
CONCLUSION
The defendant’s motion brief should be heard and considered because it is right. There is the
need to protect the in-mates against tort and any form of physical exploitation that might cause
a challenge and a threat. Necessarily, the focus and emphasis should be on the precision and
quality of the measures and key integrations associated with the same. Necessarily, the focus
and emphasis should be on the protocols and key provisions of the same in ensuring that the
levels of safety is good. The injustice committed was on another level and the case brief should
proceed and be heard for betterment of the judgment aspects and making sure everything
works as required.
Respectfully submitted,
___________________
(Attorney and address)
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