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Santiago v. City of Vineland

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


August 10, 2000

LUIS A. SANTIAGO,
PLAINTIFF,
V.
CITY OF VINELAND, ET AL., ORDER
DEFENDANTS.

HON. STEPHEN M. ORLOFSKY

This matter having come before the Court on the motion of Defendants City of Vineland, Joseph Romano and John P. Gallo, and on the motion of Defendants Mario Brunetta, Paul Letizia, John Fresne and Dennis D'Augostine for summary judgment, pursuant to Federal Rule of Civil Procedure 56(c), Lars S. Hyberg, Esq. of McAllister, Hyberg & White, P.C., appearing on behalf of Defendants City of Vineland, Joseph Romano and John P. Gallo, and A. Michael Barker, Esq. and Joseph M. Scott, Esq. of A. Michael Barker, P.C., appearing on behalf of Defendants Mario Brunetta, Paul Letizia, John Fresne, and Dennis D'Augostine, and F. Michael Daily, Jr., Esq. of Quinlan, Dunne & Daily, P.A., appearing on behalf of Plaintiff, Luis A. Santiago; 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 2nd day of August, 2000, hereby ORDERED that:

1. The motion of Defendants City of Vineland, Joseph Romano and John P. Gallo and the motion of Defendants Mario Brunetta, Paul Letizia, John Fresne and Dennis D'Augostine are GRANTED in part and DENIED in part; and,

2. The motions for summary judgment on Santiago's claim under Title VII, as set forth in Count One of the Amended Complaint, are GRANTED with respect to all defendants in this case; and,

3. The motions for summary judgment on Santiago's claim of race discrimination under the NJLAD, as set forth in Count Two of the Amended Complaint, are GRANTED with respect to defendants Romano, Gallo and Letizia and DENIED with respect to the City of Vineland, Brunetta, D'Augostine and Fresne; and,

4. The motions for summary judgment on Count Three of the Amended Complaint are GRANTED in part and DENIED in part as follows:

a. The motions for summary judgment on Santiago's claims for race discrimination, pursuant to 42 U.S.C. §§ 1981 and 1983 are GRANTED with respect to the City of Vineland, Romano, Gallo and Letizia and DENIED with respect to Brunetta, D'Augostine and Fresne; and,

b. The motions for summary judgment on Santiago's claims of procedural due process, pursuant to 42 U.S.C. § 1983 are GRANTED with respect to the City of Vineland, Fresne and D'Augostine and DENIED with respect to Brunetta, Letizia, Romano and Gallo; and,

c. The motions for summary judgment on Santiago's federal claims of false arrest and malicious prosecution, pursuant to 42 U.S.C. § 1983 are GRANTED with respect to all defendants except D'Augostine; and,

d. The motions for summary judgment on Santiago's conspiracy claim, pursuant to 42 U.S.C. § 1985(1) are GRANTED with respect to all defendants; and,

e. The motions for summary judgment on any other claims allegedly raised under Count Three and not explicitly decided by this Court are DENIED as to all defendants; and,

5. The motions for summary judgment on Santiago's claims under the ADA and the NJLAD, as set forth in Count Four of the Amended Complaint are GRANTED with respect to all defendants; and,

6. The motions for summary judgment on Santiago's state law claims of false arrest and malicious prosecution, as set forth in Count Five of the Amended Complaint, are DENIED with respect to all defendants; and,

7. The motions for summary judgment on Santiago's claim for retaliation under the ADA, as set forth in Count Six of the Amended Complaint, are GRANTED with respect to all individual defendants and DENIED with respect to the City of Vineland; and,

8. The motions for summary judgment on Santiago's claims for breach of contract and intentional interference with a contractual relationship, as set forth in Counts Seven and Eight of the Amended Complaint, are GRANTED with respect to all defendants; and,

9. The motion of the City of Vineland for summary judgment on Santiago's claims for punitive damages is GRANTED with respect to Santiago's claims for punitive damages under the ADA and New Jersey claims of false arrest, malicious prosecution and intentional infliction of emotional distress and DENIED with respect to Santiago's claim for punitive damages under the NJLAD; and,

10. The motions of the individual defendants for summary judgment on Santiago's claims for punitive damages are DENIED; and,

IT IS FURTHER ORDERED that certain parties in this case did not appropriately move for summary judgment in the following instances:

1. Defendant City of Vineland failed to move appropriately for summary judgment on Santiago's claim of ADA retaliation, as set forth in Count Six of the Amended Complaint; and,

2. All parties failed to move appropriately for summary judgment on Santiago's tort claim of outrage, otherwise known as intentional infliction of emotional distress, as set forth in Count Nine of the Amended Complaint; and,

IT IS FURTHER ORDERED that the motions of the individual defendants for summary judgment on Santiago's race discrimination claims under 42 U.S.C. §§ 1981 and 1983 and the NJLAD, as set forth in Counts Two and Three of the Amended Complaint, on the ground of qualified immunity, are DENIED WITHOUT PREJUDICE to the right of the individual defendants to refile for summary judgment only on the ground of qualified immunity, and to submit briefs on the issue within twenty days of the date of this Order; and,

IT IS FURTHER ORDERED that the motion of defendant D'Augostine, for summary judgment on Santiago's federal claims of false arrest and malicious prosecution, on the ground of qualified immunity is DENIED WITHOUT PREJUDICE to the right of defendant D'Augostine to refile such motion on the ground of qualified immunity after this Court has conducted a full evidentiary hearing on the issue of probable cause.

STEPHEN M. ORLOFSKY United States District Judge

20000810

© 2000 VersusLaw Inc.



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