IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
February 8, 2000
CORA CALLOWAY, PLAINTIFF,
BORO OF GLASSBORO DEPARTMENT OF POLICE, DET. ROBERT BEST, DET. RONALD MASSARI, JOHN DOE, AND MELANIE POWELL, DEFENDANTS, AND BORO OF GLASSBORO DEPARTMENT OF POLICE, DET. RONALD MASSARI, AND MELANIE POWELL, THIRD-PARTY PLAINTIFFS,
DET. ROBERT BEST, GLOUCESTER COUNTY PROSECUTORS OFFICE, ANDY YURICK, ESQ., JOHN DOES 1-5, GLOUCESTER COUNTY, THIRD-PARTY DEFENDANTS.
The opinion of the court was delivered by: Stephen M. Orlofsky United States District Judge
HON. STEPHEN M. ORLOFSKY
This matter having come before the Court on the motions of Defendants, the Borough of Glassboro Department of Police ("Police Department"), Ronald Massari ("Massari"), and Melaney Powell ("Powell"), and on the separate motion of Defendant Robert Best ("Best")and Third-Party Defendants Best, Andy Yurick, Esq. and the Gloucester County Prosecutor's Office ("Prosecutor's Office"), for summary judgment pursuant to Federal Rule of Civil Procedure 56(c), Allan E. Richardson, Esq., appearing on behalf of Defendants Police Department, Massari, and Powell, and Robert M. Kaplan, Esq. of Margolis Edelstein, appearing on behalf of Defendant and Third-Party Defendant Best, and Third-Party Defendants Any Yurick, Esq. and the Prosecutor's Office, and James M. Shepard-Kegl, Esq., appearing on behalf of Plaintiff, Cora Calloway; and,
The Court having considered the submissions of the parties, for the reasons set forth in the OPINION filed concurrently with this ORDER;
IT IS, on this 8th day of February, 2000, hereby ORDERED that:
1. The motion of Defendants Police Department, Massari and Powell for summary judgment is GRANTED in part and DENIED in part;
2. The motion of the Police Department for summary judgment on Counts II and III of the Complaint, containing claims pursuant to the Americans With Disabilities Act and Rehabilitation Act, is DENIED only with respect to the Police Department;
3. The motion of the Police Department for summary judgment on Counts I, IV, V, and VI is GRANTED;
4. The motion of Massari and Powell for summary judgment on all Counts of the Complaint is GRANTED;
5. The motion of Defendant Best and Third-Party Defendant Best, Andy Yurick, Esq. and the Prosecutor's Office is GRANTED in part and DENIED in part;
6. The motion of Defendant Best for summary judgment on the federal claims, including claims under the Americans with Disabilities Act (Count II), the Rehabilitation Act (Count III), and 42 U.S.C. § 1983 (Count IV), is GRANTED in its entirety;
7. The motion of Third-Party Defendants Best, Andy Yurick, Esq. and the Prosecutor's Office is DENIED in its entirety.
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