UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

WILBERT JACKSON, JR.,

Plaintiff,

 vs.

GEORGE GHORBANIAN, Star #10893, 

GEORGE KALFAS, Star #19329, LLOYD 

M. ALMDALE, Star #20060, PATRICK 

BARKER, Star No. 1390, and EDWARD 

HEERDT, Chicago Police Investigator,

Defendants.

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Case No. 12 C 01373

Judge Kennelly

MOTION FOR JUDGMENT AS A MATTER OF LAW

Defendants George Ghorbanian, George Kalfas, Lloyd Almdale, Patrick Barker and 

Edward Heerdt, by their attorneys, Thomas Platt Scott Cohen and Tiffany Harris, for their motion 

for judgment as matter of law pursuant to FRCP 50(a)(2)with respect to plaintiff’s claim for 

unreasonable delay of medical care, state as follows:

1. Plaintiff claims that defendants unreasonably delayed medical care while in their 

custody in violation of his Fourth Amendment Rights.

2. The evidence presented at trial does not support plaintiff’s claim as a matter of law 

for the following reasons:

a. The nature of plaintiff’s injuries were not serious to the extent that plaintiff 

experienced an unnecessary delay of medical treatment. Dr. Ron testified that 

plaintiff had a 2 cm cut to his lip which penetrated the inside of the mouth. She 

stated that when she saw plaintiff at 8:17 a.m. on the morning of his arrest, he was 

in no apparent distress, he had no active bleeding, and had complaints of wrist and 

neck pain. He had no other complaints of pain or injury, including shortness of 

breath, rib pain or any other symptoms. Plaintiff reported that he passed out 

during the evening, but further examination indicated no objective signs of 

concussion.

b. Dr. Ron further stated that plaintiff had no infections or complications from the 

injury to his lip and that the injury could be treated up to 24 hours after it occurred 

without consequence. Dr. Ron further testified that plaintiff’s wrist pain was 

accompanied by a 3 mm fracture which could have been an old injury, although 
an acute fracture could not be ruled out. Dr. Ron ordered the application of a 

splint as a precautionary measure. She stated that treatment of the wrist injury 

could wait at least 1 to 2 days after its occurrence without adverse consequence.

c. Plaintiff testified that he was bleeding from his lip for hours after his arrest 

through his admission into lockup at just after 7 a.m., and that he had wrist pain. 

Photos of plaintiff show no blood on his shirt or on the bench or area where he 

was seated in the processing room prior to entering the lockup. Plaintiff’s arrest 

photo shows no active bleeding. 

d. Plaintiff did not indicate that he unable to participate in the show up at the White 

Castle and said he was able to invoke his right to an attorney when officers 

attempted to question him as part of the investigation of the White Castle incident.

3. Viewing the evidence in a light most favorable to plaintiff, he has not met his burden 

of proof that the delay in medical treatment from the time of his arrest (approximately 

2:51 a.m.) and his receipt of medical care (8:17 a.m.), a period of less than 6 hours, 

was unreasonable as a matter of law. 

Wherefore, defendants George Ghorbanian, George Kalfas, Lloyd Almdale, Patrick 

Barker and Edward Heerdt request this court to grant their Motion for Judgment as a Matter of 

Law on the plaintiff’s Fourth Amendment claim of unreasonable delay of medical care.

/s/ Thomas J. Platt

30 N. LaSalle Street, #900

Chicago, Illinois 60602

06181260

312-744-4833