Audrey Danejure-Storm | Clausen | Frost Notice of Entry Audrey Danejure-Storm entering on behalf of the defendant.
Audrey Danejure-Storm | Clausen | Frost I will most likel ybe unable to attend the case on the 31, would it be possible to reschedule this case?
Audrey Danejure-Storm | Clausen | Frost Motion to Dismiss Defense is filing a motion to dismiss on the grounds of: No Demonstrated Damages There are no records indicating physical, mental, or emotional injury. There is no evidence provided to support any tangible harm. The claim says rights were violated but does not address any situation in which rights were violated. Remedial Action Already Taken The officer in question was already removed from the department. If the lawsuit were to continue, this would be punitive duplication. Internal action does not equal liability. This case has no legal standing and should be dismissed.
Audrey Danejure-Storm | Clausen | Frost Theodore Lars We see no evidence to support her time being extended in any way, shape, or form outside of her own statement, your Honor.
Blake Moore A new judge will be staffed to this. The Continuance is granted. I'd recommend adding availability, if you have not already. @Kye Evans @Audrey Danejure-Storm | Clausen | Frost
Kye Evans My apology, the investigation report is still labeled as confidential. It would be nice if there was a medical report, but the prison did not do their due diligence as 1. The sole custodial care takers of Ms. Carter, and 2. as medically trained officers equipped with a fully stocked infirmary. All medical incidents that occur in the presence of officers should be logged, should not only be logged for accountability, but also for medical history for use in future medical treatment. These officers get their medical licenses and training from sams to specifically staff the infirmary. If there is an officer on duty without the proper training, there should still be a report documenting the incident to facilitate future treatment. Adding the report it self: HIGHLIGHTING THE UPDATE ON JUNE 15TH. Adding the note from Underseer Rick Richards Will also add that Mr. Lamhertz was suspended and unsuspended shortly for another incident just a few days before this one. Also going to be adding Emmi Dalton as a witness as a former DOC worker who has personal knowledge of Mr. Lamhertz wrong doings while on duty. Also Adding Nicole Burke as a witness to speak on the changes in Ms. Carters behaviour after this incident.
Theodore Lars There is a dispute here of whether this was part of DOC handling disruptive prisoners, or if the persons sentence was materially extended without legal cause. That means it needs to go to court to see what people know in testimony. Though the officer being dismissed is a remedial action, there may still be damages due. Motion to Dismiss Denied
Audrey Danejure-Storm | Clausen | Frost Your Honor, This is so far outside of the statute that I am unable to access any arrest reports before this date, which creates an issue as we cannot access reports that could be relevant to our defense. Is the court aware of any way to see these records? If not, I would like to put forth another motion to dismiss as it violates our right to due process.
Blake Moore Audrey Danejure-Storm | Clausen | Frost 1) Did you check her criminal record when this was served on the DOC on 7/17 or when this was posted to the docket on 7/18 or only yesterday after you Motion to Dismiss was denied? 2) Did you enter this docket as counsel knowing that you only have a few hours of availability starting next weekend, outside of the only availability that was provided timely to this Court?
Theodore Lars Audrey Danejure-Storm | Clausen | Frost Outside the Statute is a seperate issue from your initial motion. This is something I will consider. If the reports were sealed and then unable to be produced thats not the plaintiffs fault, thats the defenses fault. That's not violating your rights when its literally State arrest records and investigations. You're part of the state. The i formation is being revealed to you through discovery still, Discovery is ongoing. Ultimately there is evidence of something occurring that testimony will clarify, which is why it is on track for court.
Audrey Danejure-Storm | Clausen | Frost 1) This was served while I was in the hospital. While her general records were checked before and after then, information was brought to light via submitted evidence that requires us to look at the instances prior and up to the incident. You can verify that evidence was added to the docket by the plaintiff. 2) I entered knowing I am the attorney for DoC. Normally I am available every day or evening for at least part of it, but Wed-Fri this week I will be in Ohio at a Prison conference. I saw no availability besides the plaintiff's attorney and at the time of my viewing and I entered my availability that was within the scheduling link. I will most likely have some flexibility during the day on Saturday and Sunday, but I couldn't enter anything solid.
Audrey Danejure-Storm | Clausen | Frost Theodore Lars We are unable to look at the arrest report for the initial incident that led to her incarceration due to not having the arrest record number. The records don't show us back that far because there are so many reports after. We also cannot properly examine her behavior patterns that were mentioned in submitted evidence against actual reports that can dispute or prove the claim. If there is any way that the court knows to access these records, we would be more than happy to try it.
Audrey Danejure-Storm | Clausen | Frost Motion to Add Evidence/Witnesses Witness List: Jay Parker @Holly Tinsel / Jay Parker John Dior @John Dior Luxington Brojob Marie Joseph Henry Delafayette @Marie Joseph henry Delafayette Greg Olsen @Greg Olsen Rich Randy @Rich Randy Evidence: DSM-5 Criteria for PTSD Investigation 6623 Mia Carter's MDT Profile []https://live.staticflickr.com/65535/54696654237_18862825a6_b.jpg) Mia Carter's Licenses AR 30577 AR 36935 AR 36568
