![]() ![]() In the absence of extreme environmental cold, no medical condition can explain an over twenty-degree-Fahrenheit loss of body temperature in such a short time for a person who remains alive. By the time Mitchell arrived at Walker Baptist Hospital on the morning of January 26, his body temperature had plummeted to seventy-two degrees Fahrenheit or even lower. As stated in the complaint, at 6:00 AM on the morning of January 25, 2022, when Karen Kelly went off her shift, Mitchell was awake and talkative in his isolation cell and not in any evident distress. “Each time the complaint mentions the word ‘freezer’ it states that Plaintiff was ‘likely’ placed in a freezer ‘or similar frigid environment.’ Plaintiff has never claimed to have direct evidence of what means Defendants used to bring Plaintiff’s temperature to 72 degrees or lower.Ĭompelling circumstantial evidence shows that Mitchell was exposed to a freezer or similar frigid environment during the last twenty-four hours of his life. “However, this is not what the complaint alleges,” the filed response reads. ![]() The response said a third area in which WCSO motion fails to state correct facts is a claim that the plaintiff alleges Mitchell was “definitely” placed in a freezer. Once we have had a chance to review these documents and information, we will certainly revisit the allegations of the complaint and determine whether any changes or corrections are needed,” the response filing stated. Plaintiff’s counsel’s response to the Rule 11 correspondence further states, ‘we look forward to you producing the information requested above. “…far from ignoring Defendants’ offer to view the video, Plaintiff’s counsel indicated that they were not able to come to view the video in defense counsel’s office due to scheduling issues and the need for an expert to review the video, and instead requested that Defendant provide it with copies of the surveillance video and body camera footage suitable for submission to an expert, along with other relevant documents. ![]() “Defendants’ premature filing of a baseless request for sanctions and its attempt to characterize that request as a “typo” is only the beginning of the factual inaccuracies in its motion,” it reads.Īnother issue with the sheriff’s office’s motion to strike in the response is that a footnote said the WCSO had offered the plaintiff’s attorneys a chance to come review all video footage of Mitchell during his time in the Walker County Jail, but had not received a response to view the footage. The filing goes on to say the motion to strike was filed and then corrected “to remove a typo found in the original document.” The response then notes an entire paragraph concerning sanctions was removed from the original document. “Any motion for sanctions pursuant to Rule 11 ‘must be made separately from any other motion’ and that the motion ‘must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets,’” it reads. ![]()
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