Attorney wants more time in juvenile beating lawsuit

An attorney for Sheriff Gerald Robinson and two employees of the juvenile detention center has asked a federal judge for more time to file a motion for summary judgment in the case.

Attorney C. Bert Newell represents Robinson, Roderick Shelby and Jose Rivera, who are being sued by Karen Walls — the mother of Chadarioius Avary, who was allegedly beaten by Shelby and Rivera while he was locked up at the juvenile detention center last year.

The lawsuit alleged that Shelby was taking Avery back to his cell after a court appearance on April 18, 2011, and Avery “may have muttered something under his breath.

“Immediately following the alleged comment and apparently in response thereto, Shelby pounced on (Avery),” the lawsuit alleges, saying that Shelby grabbed the boy by the neck, drove him into a wall, and repeatedly bashed Avery’s head against the wall.

Robinson is accused of failing to train and enforce the sheriff’s department policy on the use of excessive force, a claim he denied in a court filing in September. In that filing, Robinson said Rivera and Shelby were not employees of the sheriff’s department nor were they under the supervision of the sheriff’s department at the time of the incident.

Juvenile Judge Earnest Brown Jr. was originally a defendant in the lawsuit but was subsequently dismissed by the court.

Newell’s motion, field Monday, said the case is currently set for a jury trial during the week of Dec. 17, and a deadline of Nov. 1 was set for attorneys to file motions for summary judgment.

He said depositions of all parties named in the suit were completed Oct. 2 and 3, and transcripts of those depositions have not been received by attorneys for both sides.

Newell wants an additional 14 days to prepare a motion for summary judgment and said in the court filing that “this motion is not sought for the purpose of harassment or delay.”

Tuesday afternoon, the Federal Court’s Clerk’s Office notified Newell that the filing was deficient because it did not contain a statement that Newell contacted the attorney for Avery, and also did not state whether that attorney opposed or did not support the motion for additional time.