Flint v. City of Belvidere, No. 14-2568 (7th Cir. 2015)
Annotate this CaseIn 2009, unknown assailants shot and killed Marty, who had sporadically provided intelligence to narcotics officers in Belvidere, Illinois, since 2006. Marty’s mother, Flint, filed 42 U.S.C. 1983 claims. The constitutional claims boil down to allegations that Marty was targeted and killed in retribution for his actions as a police informant, and that the defendants are liable for failing to protect him. The day defendants moved for summary judgment, about a month after discovery closed, Flint moved to reopen discovery and for the appointment of a special prosecutor to investigate allegations that Officer Dammon and Berry (Marty’s primary police contacts) lied throughout discovery. The judge denied both motions. Flint’s response to the summary judgment motion did not comport with Local Rule 56.1, which guides how parties must marshal evidence at the summary judgment stage. Applying that rule, the district court deemed admitted most of defendants’ factual assertions, ignored additional facts raised in Flint’s response briefing, and granted summary judgment against her. The Seventh Circuit affirmed. The judge acted within his discretion to deny Flint’s tardy motions and Flint’s procedural gaffe left an evidentiary record insufficient to survive summary judgment.
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