Cruel & Unusual Punishment – Retaliation

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Civil

7^th Circuit Court of Appeals

Officials: POSNER, ROVNER, and HAMILTON, Circuit Judges

Cruel & Unusual Punishment – Retaliation

No. 14-3316 Jeffrey Allen Rowe v. Monica Gibson

Appellant’s lack of access to Zantac and contradictory Doctor affidavit more than sufficient to combat summary judgment

“It is heartless to make a fetish of adversary procedure if by doing so feeble evidence is credited because the opponent has no practical access to offsetting evidence. To say for example that however implausible Dr. Wolfe’s evidence is, it must be accepted because not contested, is to doom the plaintiff’s case regardless of the merits simply because the plaintiff lacks the wherewithal to obtain and present conflicting evidence. Rowe did not move to exclude Wolfe as an expert witness on the ground that Wolfe neither qualified to give expert evidence in this case (because he is not a gastroenterologist) nor, as a defendant, was likely to be even minimally impartial. But Rowe does not have the legal knowledge that would enable him to file such a motion.”

Affirmed in Part, Reversed in Part and Remanded

Hamilton concurs and dissents

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.