Ciampi vs City of Palo Alto Motion for Summary Judgment Denied?

In the matter of Tony Ciampi and the city of Palo Alto today’s hearing in Federal Court is far from over.  Mr. Steven Sherman, lead attorney for the city of Palo Alto was hoping for a summary default judgment do to a lack of any real evidence submitted by plaintiff Tony Ciampi which would point and prove to negligence, use of force and or any other wrong doing on the part of PAPD Officers April Wagner aka Chan/Wagner and Kelly Burger and potentially bring to an end to further proceedings.

Ciampi’s arrest had been previously acknowledged and ruled unconstitutional by Superior Court Judge Thang Nguyen Barrett.   Mr. Sherman was hoping for immunity stating the officers simply made a mistake in all events leading to up Mr. Ciampi’s tazering and arrest.   Judge Lucy Koh was not buying any part of that argument based on Judge Barrett’s previous ruling.

In fact, Judge Lucy Koh chastised Mr. Sherman for the apparent disconnect and inconsistencies in evidence submitted by police dispatch testimony and the police reports offered up by officers Wagner and Burger.   She stated, “I don’t appreciate being misled” after reviewing previous testimony.  Mr. Sherman was quick to apologize.

Mr. Ciampi also alleges that not only did the PAPD falsify evidence and tamper with video and audio data while held in a secured police evidence room Mr. Ciampi, in his latest motion alleges Mr. Sherman was involved and implicit with the PAPD in his deception and conspiracy claims.

Mr. Sherman was visibly moved by judge Lucy Koh’s mention of Mr. Ciampi’s latest motion and ordered a separate hearing to address the merits of Mr. Ciampi claims of unethical behavior.

Clearly, this is not what Mr. Sherman was hoping for.  In fact, Mr. Sherman complained that Mr. Ciampi’s motions amounted to the works of a “Rambling” man in earlier testimony.

To the contrary, Judge Koh thanked both parties and concludes by saying, how she appreciated both as having been “informative” and in my opinion, hardly the works of a “Rambling” man.

This case is far from being over much to Mr. Sherman’s chagrin.  Mr. Sherman in hind sight perhaps never thought in his wildest imagination the depth and strength of Mr. Ciampi’s new found legal knowledge and the swiftness of his legal blows to an otherwise seasoned attorney.

Federal Judge Lucy Koh, has ordered the next scheduled court date involving alleged improprieties on the part attorney Steve Sherman on  June 30th, 2011 at 1:30pm.

Mon, Apr 25, 2011 at 9:56 AMLatest email comments from Tracey Kaplan Staff Writer, Mercury News

Tony, actually, i do care. I believe yr story. I tried to get the best private attorney in sj on factual innocence and justice layouts to take yr case.

I wrote dolores carr a letter to try to get the crime lab results released. I told people abt the injustice u have suffered. I tried to work w u to write abt it in hopeds of embarrassing carr to release/acknowledge the police misconduct and expose the potential for tinkering w taser results, which i think is a national concern.

I just dont have time to deal w the mountain of email i get from people.

If u let me know every once in a while what is going on believe me id be interested. Regardless of wht u may think of me, i truly  hope u win because what was done to u is wrong. And i know that because i confirmed yr test tesults with the lab and find yr story 100 pervent credible.

Sent from my Verizon Wireless Phone

One Reply to “Ciampi vs City of Palo Alto Motion for Summary Judgment Denied?”

  1. Tracy,

    Thank you for your candid email and comments. I briefly spoke with Mr. Sherman after their joint court appearance last week and the one thing he mentioned was having this case judged and tried in the media.
    I thought his statement was rather odd only because it was Mr. Sherman and Palo Alto city attorney Donald Larkin that gathered up the entire local news media to SHOW the tazering video of Mr. Ciampi. was not invited to this event and in fact was “blacklisted” by city attorney Donald Larkin and chief PAPD media spokesperson Lt. Sandra Brown.

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