Christopher Kocar v. City of Vader

MEMORANDUM

The district court did not abuse its discretion when it found that the declarations and affidavits Kocar proffered were inadmissible. The alleged witnesses to the September 8, 2007 tasing incident did not swear to the eight statements submitted by Kocar as is required by 28 U.S.C. § 1746 . When Kocar’s counsel re-filed the statements, counsel’s secretary had sworn to the statements’ accuracy, but the witnesses still had not sworn that the transcripts of their interviews were accurate. Because the statements failed to meet the requirements of 28 U.S.C. § 1746 , the district court did not abuse its discretion when it ruled the statements inadmissible.

Further, the district court did not err when it granted summary judgment in favor of the cities of Vader and Toledo. Kocar brings state law claims for assault and battery and negligence, as well as a Monell claim under 42 U.S.C. § 1983 .

Kocar’s assault and battery claim fails. Kocar offered no evidence that Officer Stennick caused his head injury. Instead, as defendants argue, Kocar had just been involved in a bar fight moments before Officer Stennick arrived on the scene, and Kocar could have received his injury from…