Unless it appears that the evidence, viewed in the light most favorable to the plaintiff, will support a reliable inference of wantonness in the infliction of pain under the standard we have described, the case should not go to the jury.
Sgt. Branson then ran up behind GREEN and shoved GREEN to the ground. Sgt. Branson then leaped on GREEN and started beating GREEN insanely. Cunningham and McCoy jumped on GREEN too. Together, they beat, stomped, kicked, and struck GREEN in his face, stomach, back, and leg areas with their fist, feet, and the blackstick, as GREEN laid helpless in handcuffs and leg-irons. I personally saw Cunningham twisting GREEN's feet and Branson striking GREEN with the blackstick. I also aver that I saw Lt. Branch race to the yard yelling “Stop it! Stop it!”, over and over. Lt. Branch saw his officers beating GREEN. I aver that I then saw the officers pick GREEN up by his handcuffs and leg-irons and drag him away from the yard area....
Defendant Vogt, seeing clear injuries, clear swelling, clear bleeding, clear indications of possible internal injuries, etc. stated nothing was wrong with plaintiff.... Defendant Vogt, notwithstanding the fact that plaintiff could have died from such injuries or could sustain permanent impairment or disability from same, did immediately and promptly put a medical coverup and conspiracy in motion.
In the instant case, the appellant clearly alleges that the appellees have acted with deliberate indifference. Not only does he claim that the appellees have purposefully refused to treat his brain and heart condition, but he also claims that they have sought to cover-up their refusal to treat him by falsifying his medical records.
(a) Order for Examination. When the mental or physical condition (including the blood group) of a party or of a person in custody or under the legal control of a party, is in controversy, the court in which the action is pending may order the party to submit to a physical or mental examination by a suitably licensed or certified examiner or to produce for examination the person in the party's custody or legal control. The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.
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