Case Closed CIVIL CASES AGAINST LAW ENFORCEMENT - Devyn Little - Settled

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NiaLiviaus

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DOJ
Apr 12, 2023
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Username: NiaLiviaus

Select the type of case you wish to file with the court:
CIVIL CASES AGAINST LAW ENFORCEMENT

Plaintiff:
Blake Xander Montgomery [whynavan]

Defendant:
LT-130 Ryan Walker [.sbz.]

I. Statement of Claim
Mr. Blake Xander Montgomery, who was subjected to excessive force by LT-130 Ryan Walker on December 3rd, 2023. While we do not condone Mr. Xander Montgomery's initial actions, we believe that the response from Officer Ryan Walker was disproportionate and unjust, constituting a violation of Mr. Xander Montgomery's rights.

Background: bOn the aforementioned date, Mr. Xander Montgomery was involved in an altercation with LT-130 Ryan Walker, during which he did initiate physical contact by punching Officer Walker. However, it is crucial to note that Mr. Xander Montgomery did not pose an immediate threat as he was unarmed and using only his fists.

Excessive Use of Force: The crux of our claim lies in Officer Ryan Walker's decision to employ lethal force in the form of his PD-issued rifle, despite Mr. Xander Montgomery's lack of a weapon and the absence of an imminent threat to the safety of the officer or others. The use of deadly force in this situation was unnecessary, unwarranted, and resulted in severe injuries to Mr. Xander Montgomery.

Failure to Use Less Lethal Alternatives: We assert that Officer Walker had alternative, less lethal means at his disposal, such as a taser, which could have been employed to subdue Mr. Xander Montgomery without causing him severe harm. The failure to utilize these alternatives constitutes a breach of the duty of care owed to Mr. Xander Montgomery.

II. Relief
$5,000 for physical and emotional damages
$10,000 for legal fees

III. Representative
Nia Liviaus [selliee]

IV. Evidence
N/A

V. Witnesses
Ellie Montgomery [tiigerrlily]
Ty Gray [scufflord]
Peter Jerkins [smitty4623]
 
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Great - in that case, I will begin the Scheduling process as well as the Discovery period. @NiaLiviaus @Eyrii if both of you could reach out to your clients and find some availability in the coming week or so, please provide it to me as soon as possible, either here or via email. Additionally, please begin entering any evidence or statements that you might wish to use during the trial and a comprehensive witness list.
 
I believe, based on conversations with @NiaLiviaus , that the Plaintiff will not be available for trial until after the Christmas holidays. We'll resume scheduling once he's back.
 
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