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Hill v. Algor

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


January 18, 2000

ERNEST HILL, (AKA) ANTOINE HILL,
PLAINTIFF,
V.
JEFFREY ALGOR, INDIVIDUALLY AND AS A NEW JERSEY STATE POLICE OFFICER, DAVID HENRY ORDER MEYER, INDIVIDUALLY AND AS A NEW JERSEY STATE: POLICE OFFICER, ROBERT KWAP, INDIVIDUALLY AND: AS A NEW JERSEY STATE POLICE OFFICER, STEPHEN MAKUKA, INDIVIDUALLY AND AS A NEW JERSEY STATE POLICE OFFICER, AND JOHN DOES (1 THROUGH 6: INDIVIDUALLY AND AS NEW JERSEY STATE POLICE OFFICERS),
DEFENDANTS.

The opinion of the court was delivered by: Hon. Stanley S. Brotman United States District Judge

THIS MATTER having come before the Court on the motion of defendants Trooper David Henry Meyer ("Meyer"), Trooper Stephen Makuka ("Makuka") and Trooper Robert Kwap ("Kwap) for summary judgment pursuant to Fed. R. Civ. P. 56; and

The Court having reviewed the record and the submissions of the parties;

For the reasons set forth in the Court's opinion of this date;

IT IS this 18th day of January, 2000 HEREBY

ORDERED that Meyer's motion is DENIED with regard to the first cause of action of plaintiff's second amended complaint ("complaint") which alleges a violation of 42 U.S.C. § 1983 predicated upon Meyer's infringement of Hill's Fourth and Fourteenth Amendment right to protection from false arrest and excessive force; and

IT IS FURTHER ORDERED that Meyer's motion is DENIED with regard to the fifth cause of action of plaintiff's complaint (assault); and

IT IS FURTHER ORDERED that Meyer's motion is DENIED with regard to that part of the ninth cause of action of plaintiff's complaint that alleges plaintiff was falsely arrested; and

IT IS FURTHER ORDERED that Makuka's motion is GRANTED with regard to the first cause of action of plaintiff's complaint which alleges a violation of 42 U.S.C. § 1983 predicated upon Makuka's infringement of Hill's Fourth and Fourteenth Amendment rights to protection from excessive force; and

IT IS FURTHER ORDERED that Makuka's motion is GRANTED with regard to the fourth cause of action of plaintiff's complaint which alleges a violation of 42 U.S.C. § 1983 (supervisory liability); and

IT IS FURTHER ORDERED that Makuka's motion is GRANTED with regard to the third cause of action of plaintiff's complaint which alleges a violation of 42 U.S.C. § 1983 (failure to intervene);

IT IS FURTHER ORDERED that Makuka's motion is DENIED with regard to the third cause of action of plaintiff's complaint which alleges a violation of 42 U.S.C. § 1983 for failure to provide Hill with appropriate medical care; and

IT IS FURTHER ORDERED that Kwap's motion is DENIED with regard to the fourth cause of action of plaintiff's complaint which alleges a violation of 42 U.S.C. § 1983 (supervisory liability); and

IT IS FURTHER ORDERED that Kwap's motion is DENIED with regard to the third cause of action of plaintiff's complaint which alleges a violation of 42 U.S.C. § 1983 for failure to provide Hill with appropriate medical care; and

IT IS FURTHER ORDERED that pursuant to plaintiff's decision not to pursue against Meyer, Makuka and Kwap those parts of the first cause of action of plaintiff's complaint (42 U.S.C. § 1983) which allege a violation of Hill's Fourth and Fourteenth Amendment rights to equal protection of the law, his Sixth Amendment right to be informed of the nature and cause of the accusations against him, and his Eighth Amendment right to protection from cruel and unusual punishment, these parts of the first cause of action of plaintiff's complaint are DISMISSED against the above-listed defendants with prejudice; and

IT IS FURTHER ORDERED that pursuant to plaintiff's decision not to pursue against Kwap that portion of the first cause of action of plaintiff's complaint which alleges a violation of 42 U.S.C. § 1983 predicated upon Kwap's infringement of Hill's Fourth and Fourteenth Amendment rights to protection from excessive force, this claim is DISMISSED with prejudice; and

IT IS FURTHER ORDERED that pursuant to plaintiff's decision not to pursue against Meyer, Makuka and Kwap the second cause of action (42 U.S.C. § 1983) and the sixth cause of action (negligence) of plaintiff's complaint, these causes of action are DISMISSED against these defendants with prejudice; and

IT IS FURTHER ORDERED that pursuant to plaintiff's decision not to pursue against Meyer the third cause of action (42 U.S.C. § 1983) and the fourth cause of action (42 U.S.C. § 1983) of plaintiff's complaint, these causes of action are DISMISSED against Meyer with prejudice; and

IT IS FURTHER ORDERED that pursuant to plaintiff's decision not to pursue against Makuka the seventh cause of action (respondeat superior) of plaintiff's complaint, this cause of action is DISMISSED against Makuka with prejudice; and

IT IS FURTHER ORDERED that pursuant to plaintiff's decision not to pursue against Algor the third cause of action (failure to provide medical treatment) of plaintiff's complaint, this cause of action against Algor is DISMISSED with prejudice; and

IT IS FURTHER ORDERED that the seventh cause of action (respondeat superior) of plaintiff's complaint is DISMISSED with prejudice against Kwap for failure to state a claim upon which relief can be granted; and

IT IS FURTHER ORDERED that part of the ninth cause of action of plaintiff's complaint that alleges plaintiff was maliciously prosecuted is DISMISSED without prejudice with regard to all defendants against whom it is alleged; and

IT IS FURTHER ORDERED that all claims asserted against John Does 1- 6 are DISMISSED with prejudice. *fn1

No costs.


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