Smits v. Musselman

By Judge J. Overton Harris

Before the court is Defendant’s Motion for Summary Judgment. The court heard argument on August 1, 2013, and took the matter under advisement. Following a thorough review of the pleadings and the law, the court finds as follows.

I. Background

This case stems from an incident occurring on June 26, 2009. On July 5, 2009, Defendant made a complaint to the police about the incident. Defendant was interviewed by a police officer and also gave a written statement. After a police investigation, the case was presented to a grand jury which returned an indictment, and, on April…