Mechalae Guterz Case Briefing Practice 3 PDF

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my paperCivil Form 2, Discovery Plan
UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE
Plaintiff(s)
v. Civil No. Case #/Judge Initials
Defendant(s)
DISCOVERY PLAN Fed. R. Civ. P. 26(f)
DATE/PLACE OF CONFERENCE:
COUNSEL PRESENT/REPRESENTING:
CASE S...

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Mechalae Guterz C05486625 02/06/2022 M03 – Assignment 1 Cullison v Medley In common law, assault is the tort of acting intentionally that is with either general or specific intent, causing the reasonable apprehension of an immediate harmful or offensive contact. Assault requires intent; it is considered an intentional tort, as opposed to a tort of negligence. The following narrative of fact encompasses all elements of the tortious assault addressed in Cullison v Medley as directed. Statement of Fact In his witness deposition about the events of the morning of 06/22/2019, Peter Voss, a 39 year old school teacher, was walking back to his home after going to the local 7-11 convenience store for a few person items. Peter noticed 3 visibly young men standing in front of Hope Lutheran Church across the street from his home located at 6424 S. Washtenaw Ave. None of the young men appeared to be over the age of 16 according to Mr. Voss. One young man standing in between the other two young men asked Mr. Voss for change to get something to eat once within hearing/speaking range of one another. Mr. Voss, whom in his description of himself, stated that he is naturally compassionate to disadvantaged youth as a result of the things he’s seen working within the public school system, and so he felt compelled to help the young men. He then gave the young men the sum of $20.00 and proceeded to identify his home to the young by pointing across the street. Mr. Voss says he told the young men if they needed a hot meal of just someone to talk to that they could come to him. The young men hastily walked away. Mr. Voss assumed the young men were just getting to the business of resolving their hunger hurriedly so he retired to his home and thought nothing more of the encounter.

At about 6am 06/22/2019, Mr. Voss was awakened to the sounds of banging on his front door. Startled, Mr. Voss went to the door quickly but clumsily and asked who was there. He got no response, so he proceeded to peek out of the adjacent window where he observed an individual he remembered to be one of the young men from the previous night. Mr. Voss also remembered that the young man had been the only one of the three young men to identify himself. His name is Justin. So Mr. Voss called out the

name Justin, and the young man answered and asked to be let in. Mr. Voss told Justin to wait a second while he dressed. Mr. Voss went back to his bedroom to retrieve his housecoat. When he returned to his living room to address Justin, he encountered Justin, Justin’s father Sam Bigsby, and Justin’s uncle Lucas Bigsby standing in the middle of the room. As eye contact was made, the trio surrounded Mr. Voss and began shouting obscenities at him.

Justin said loudly that Mr. Voss had tried to solicit sex from him for $20.00 and that he would gave more money if Justin spent the night all of which Mr. Voss denied. In the midst of being called every derogatory name is the book by Sam and Lucas, Mr. Voss noticed Lucas holding a metal bat in his right hand and Sam was clutching at his waistband with something that looked like a handgun handle bulging out. While gripping the object, Sam said to Mr. Voss, “If I ever catch you around my son again Im’ma do that to yo ass”. Mr. Voss interpreted that to mean Sam would kill him. The trio then exited the home. Mr. Voss google searched Sam Bigsby and found out that both Sam and Lucas had been convicted of murder and spent the previous 10 years 7 months in prison. They were just released 1 week prior to Mr. Voss’s encounter with them. Mr. Voss became extremely horrified that something would happen to him if he went outside. He had had missed a week of work as a school teacher without calling out which prompted some of his co-workers to conduct a well-being check on Mr. Voss at his home. Upon arrival to Mr. Voss’s home, he welcomed them feverishly into the home and quickly closed the door behind them. Noticing Mr. Voss’s disposition, his co-workers began questioning him about his well-being. Mr. Voss told them about his encounters and pointed out that the young man and his friends were standing in front of the church and had been every day since the encounter causing him to not want to leave his home for fear of being killed by Sam, Justin’s father.

One of the co-workers called the police. When the police arrived to the residence, Mr. Voss told them the situation, and the police filed a criminal complaint and took Justin and his father in to custody for charges of intimidation, trespass, and assault after questioning the other two young men who stated that Mr. Voss had only tried to help them and did not try to solicit them for sex at all. Mr. Voss also filed civil suit against the Bigsby’s for loss of wages, assault, and trespassing....