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Date: 05-14-2021
Case Style:
Case Number: 1:18-cv-00096-MR-WCM
Judge: Martin Reidinger
Court: United States District Court for the Western District of North Carolina (Buncombe County)
Plaintiff's Attorney:
Defendant's Attorney: Sean F. Perrin for Cherokee County
Patrick Houghton Flanagan and Virginia Marie Wooten for Scott Lindsay
John L. Kubis, Jr. and Mindy C. Wudarsky for Cindy Palmer
Description: Asheville, North Carolina civil rights lawyer represented Plaintiff, Brian Hogan, on his own behalf and as representative of all unnamed class members who are similarly situated, who sued Cherokee County, Scott Lindsay,in his official capacity as attorney for Cherokee County Department of Social Services, and Cindy Palmer claiming that the defendants wrongfully separated him from his daughter.
Plaintiff, who cannot read, said that a former Cherokee County social worker did not explain to him what the Custoday and Visitation Agreement meant.
Hogan's wife had a heart attack and nearly died in April 2016. He left his daughter with a neighbor to go to the hospital.
Outcome: 05/13/2021 Minute Entry: JURY TRIAL held before Chief Judge Martin Reidinger. Evidence Introduced. Defendant rested. Oral Renewed Motion for Judgment as a Matter of Law by defendants is Denied by the Court. Oral Motion for Judgment as a Matter of Law by plaintiffs is denied by the Court. Closing arguments. Court's charge. Jury retires to deliberate. Jury returns verdict. Plaintiffs attorneys: D. Brandon Christian, David Wijewickrama, Melissa Jackson, Ronald L. Moore. Defendants attorneys: Sean Perrin, Patrick Flanagan, John Kubis. Guardian ad Litem: Joy Gragg McIver. Court reporter: Tracy Dunlap, 828-771-7217. (khm) Modified on 5/14/2021. (khm) (Entered: 05/13/2021)
05/13/2021 139 ***PLEASE DISREGARD- DOCKETED IN ERROR*** (Entered: 05/14/2021)
05/13/2021 140 JURY VERDICT (Attachments: # 1 Unredacted Signature Page)(khm) (Entered: 05/14/2021)
Plaintiff's verdict for $4.6 million.
05/13/2021 141 Jury Notes (Sealed - Court).(khm) (Entered: 05/14/2021)
05/13/2021 142 CLERK'S Witness List for Plaintiffs(Sealed - Participants).(khm) (Entered: 05/14/2021)
Plaintiff's Experts:
Defendant's Experts:
Comments: