Comments on: “On another occasion, [plaintiff] threatened to shoot his supervisor’s children in the kneecaps” https://www.overlawyered.com/2015/01/another-occasion-plaintiff-threatened-shoot-supervisors-children-kneecaps/ Chronicling the high cost of our legal system Tue, 20 Jan 2015 22:40:39 +0000 hourly 1 By: JohnC https://www.overlawyered.com/2015/01/another-occasion-plaintiff-threatened-shoot-supervisors-children-kneecaps/comment-page-1/#comment-318241 Tue, 20 Jan 2015 22:40:39 +0000 http://overlawyered.com/?p=50867#comment-318241 Yes. It appears the plaintiff didn’t dispute that he made these threats, nor questioned (as pretextual) the sincerity of the city’s belief that it fired him for that reason (namely, his past threats, rather than as evidence of future harm to self or others).

]]> By: Walter Olson https://www.overlawyered.com/2015/01/another-occasion-plaintiff-threatened-shoot-supervisors-children-kneecaps/comment-page-1/#comment-318109 Mon, 19 Jan 2015 15:28:54 +0000 http://overlawyered.com/?p=50867#comment-318109 To delurking: Others may correct me if I’m wrong, but I believe a court’s acceptance of facts at the summary judgment stage does not require the admission of the fact by the other party, simply an absence of material dispute, which can arise because the other party has made no move to offer evidence in rebuttal, or has offered only a negligible amount of such evidence.

]]> By: Walter Olson https://www.overlawyered.com/2015/01/another-occasion-plaintiff-threatened-shoot-supervisors-children-kneecaps/comment-page-1/#comment-318108 Mon, 19 Jan 2015 15:22:12 +0000 http://overlawyered.com/?p=50867#comment-318108 Thanks, Eric, for that useful update, putting your comments in the main post.

]]> By: Eric https://www.overlawyered.com/2015/01/another-occasion-plaintiff-threatened-shoot-supervisors-children-kneecaps/comment-page-1/#comment-318107 Mon, 19 Jan 2015 15:17:25 +0000 http://overlawyered.com/?p=50867#comment-318107 I was thinking “He was only fired? Why isn’t he in jail?” so I googled him up. He has quite a history.

Astoundingly after he was fired from the city for his shenanigans, a school district (!) hired him as janitor. Six months later he was arrested for stalking (he kept threatening city employees). Finally (and after appearing in the papers) the school is attempting to fire him.

http://www.reviewjournal.com/news/las-vegas/ccsd-hires-ex-city-worker-fired-death-threats

http://www.reviewjournal.com/news/las-vegas/ccsd-moves-fire-janitor-criminal-past

]]> By: delurking https://www.overlawyered.com/2015/01/another-occasion-plaintiff-threatened-shoot-supervisors-children-kneecaps/comment-page-1/#comment-318105 Mon, 19 Jan 2015 12:02:30 +0000 http://overlawyered.com/?p=50867#comment-318105 I thought summary judgment could only be granted if there were no disputes about the material facts. Does this mean Curley accepted those characterizations as true?

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