4/17/2024 0 Comments Motion to dismiss maryland![]() For example, suppose your neighbor sued you because you didn't say "good morning" to him when he passed by your house as you were sitting on the porch. It also may be that the complaint lists something for which there is no legal remedy.If he or she has failed to include one or more of those elements in the complaint, you have grounds to request that the judge dismiss the case. That law will list all the elements the plaintiff must prove to state a valid claim against you. For example, if you were in a car accident, you should look at your state's personal injury law. For more substantive grounds, you must look at the law that governs the plaintiff's claim.X Trustworthy Source Civil Law Help Center Nonprofit law firm dedicated to civil legal services to all people Go to source Keep in mind that some reasons for dismissing a lawsuit must be mentioned in your first filing with the court, or the court will consider them waived.Specific court websites often have information about jurisdiction as well. You typically can access these rules by going to the website for your state court system.Your state's rules of civil procedure will determine which of these reasons applies to your case. In most cases, if you're early in the proceedings, your motion to dismiss will be for procedural reasons such as a lack of jurisdiction.You must have sufficient legal grounds to request that the judge dismiss the complaint against you. Howe did not return a message left at his office Wednesday afternoon.Research the law that applies to your case. Marc Freeman, a spokesperson for the State Attorney’s Office, declined to comment on the active case Wednesday, referring the Sun Sentinel to arguments made in court. Snider was assigned to the Transportation Department. Suskauer also asked Edgecomb about the decades he has spent in education, saying that the charges against him have kept him from his job serving the community.Įdgecomb said Wednesday that he had been reassigned to the school district’s Maintenance and Plant Operations office since his arrest. He also pointed to portions of the statement that suggest uncertainty over what happened or if the girl consented.īut Edgecomb also declined to interview another witness, Kadis pointed out, and state law supercedes school board policy. ![]() For all he knew, the victim was an adult, Howe said. When Suskauer asked him whether, if Edgecomb had collected all the information in one day rather than three, he would still have violated the law, Kadis said he couldn’t “give a complete answer based on a hypothetical I’ve just been given.”Įdgecomb’s attorney, John Howe, argued that the initial statement Edgecomb received didn’t include the name or age of the victim, and his own investigation into the assault was required by school board policy. “At that time all he had was hearsay information on a matter that took place two years earlier,” Suskauer said, “and you feel based upon that he should have reported that day, he violated statute that day?”īoy accused of assault at Palm Beach Central High was relative of assistant principal, report says Kadis replied that each day he did not report was a violation, including the first day, following the written statement he received from a classmate. ![]() After meeting with them, he reported the assault to DCF.ĭuring Wednesday’s hearing, Suskauer appeared skeptical of the prosecution’s argument that Edgecomb didn’t report the assault soon enough, asking Kadis on which of the three days the principal actually violated the law. 19, Edgecomb met with the girl’s parents, informing them that he had investigated the incident himself and determined it didn’t happen, according to court records. The day after that, he spoke with the boy accused of the assault, who told him it was consensual.įinally, on Aug. ![]() The next day, Edgecomb called the girl into his office and took her statement. 16, and had her write down a statement that he passed along to Edgecomb, according to court records. Snider heard about the assault from the girl’s classmate on Aug. ‘Gross miscarriage of justice’? Judge dismisses case against Palm Beach County assistant principal in failure to report sexual assault
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |