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Longoria v. State

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


October 18, 2001

EMBLEZ LONGORIA, PLAINTIFF,
v.
STATE OF NEW JERSEY; STATE OF NEW JERSEY-DIVISION OF STATE POLICE; JOHN J. FARMER, ATTORNEY GENERAL FOR THE STATE OF NEW JERSEY; CARSON J. DUNBAR, SUPERINTENDENT, STATE OF NEW JERSEY-DIVISION OF STATE POLICE; PETER G. VERNIERO; CARL A. WILLIAMS, JR.; CAPTAIN JOSEPH SARNECKY; LIEUTENANT JOSEPH WATTAI; JOHN DOES 1 THROUGH 10

HON. STEPHEN M. ORLOFSKY

ORDER

This matter having come before the Court on Defendants's motion for summary judgment and Plaintiff's Cross-Motion for Summary Judgment, pursuant to Fed. R. Civ. P. 56, Benjamin Clarke, Esq., R. Brian McLaughlin, Esq., Robert A. Tandy, Esq., DeCotiis, Fitzpatrick, Gluck, & Cole, LLP, appearing on behalf of Defendants, and Philip J. Moran, Esq., appearing on behalf of Plaintiff, Emblez Longoria; and,

The Court having considered the papers submitted by counsel for Plaintiff and Defendants in support of their respective motions;

For the reasons stated in the Opinion issued herewith, IT IS, on this 17th day of October, 2001, hereby ORDERED that:

1. Defendants's Motion for Summary Judgment is GRANTED on all of Plaintiff's claims under federal law, as set out in Count One of the Complaint; and,

2. This Court shall decline to exercise supplemental jurisdiction under 28 U.S.C. § 1367(c) over Plaintiff's claims under the laws of New Jersey, as set forth in Count Two of the Complaint, without prejudice to his ability to pursue them in the courts of New Jersey; and,

3. Plaintiff's Cross-Motion for Summary Judgment is DENIED; and,

4. All of Plaintiff's claims asserted under federal law, as set forth in Count One of the Complaint, are DISMISSED WITH PREJUDICE; and,

5. Plaintiff's claims asserted under the laws of New Jersey, set forth in Count Two, are DISMISSED WITHOUT PREJUDICE.

STEPHEN M. ORLOFSKY United States District Judge

20011018

© 2001 VersusLaw Inc.



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