United States District Court, N.D. Illinois, Eastern Division
ALVAREZ State's Attorney of Cook County.
Nicholas E. Cummings Assistant State's Attorney.
Jacqueline Carroll Conflicts Counsel.
DEFENDANTS' RULE 50(A) MOTION FOR JUDGMENT AS A
MATTER OF LAW
THOMAS J. DART, Sheriff of Cook County, and COOK COUNTY,
ILLINOIS, by their attorney, ANITA ALVAREZ State's
Attorney of Cook County, and through her Assistant
State's Attorneys, and pursuant to Federal Rule of Civil
Procedure 50(a), move for judgment as a matter of law based
upon the evidence submitted in this trial. In support
thereof, the Sheriff's Office states the following:
Court found Defendants liable for the violation of
Plaintiff's rights secured by the Americans with
Disabilities Act. Additionally, the Court limited
Plaintiff's damages to the time period of January 2013
through November 2015. Throughout the pendency of this action
however Plaintiff was and remains a “prisoner” as
defined by the Prison Litigation Reform Act. 42 U.S.C. §
1997e(h). Consequently, Plaintiff cannot recover damages
“for mental or emotional injury suffered while in
custody without a prior showing of physical
injury…” 42 U.S.C. § 1997e(e). Plaintiff
failed to show any physical injury in this case; accordingly,
the jury award of damages should be vacated and the court
should return a judgment in favor of Defendants.
Rule of Civil Procedure 50(a) states: Judgment as a Matter of
(1) In General, if a party has been fully heard on
an issue during a jury trial and the court finds that a
reasonable jury would not have a legally sufficient
evidentiary basis to find for the party on that issue, the
(A) resolve the issue against the party; and
(B) grant a motion for judgment as a matter of law against
the party on a claim or defense that, under the controlling
law, can be maintained or defeated only with a favorable
finding on that issue.
(2) Motion. A motion for judgment as a matter of law
may be made at any time before the case is submitted to the
jury. The motion must specify the judgment sought and the law
and facts that entitle the movant to the judgment.
Fed. R. Civ. P. 50(a). Under Rule 50(a), “the district
court must enter judgment if, under the governing law, a
reasonable fact-finder could not find for the nonmoving
party.” Shields Enterprises, Inc. v. First Chicago
Corp., 975 F.2d 1290, 1294 (7th Cir. 1992). a reasonable
fact-finder cannot not find Plaintiff suffered physical
injury and, therefore, under ...