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Callaway v. Samson

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


April 5, 2002

CRAIG CALLAWAY, CHERLYN KING, JOCELYN VALENCIA, STEPHANIE DAVIES-KAHN, PLAINTIFFS,
v.
DAVID SAMSON, ATTORNEY GENERAL OF THE STATE OF NEW JERSEY; ROSEMARY ADAMS, CITY CLERK OF THE CITY OF ATLANTIC CITY; JOSEPH G. GINDHART, CITY SOLICITOR OF THE CITY OF ATLANTIC CITY; CITY OF ATLANTIC CITY, DEFENDANTS.

The opinion of the court was delivered by: Hon. Stephen M. Orlofsky

ORDER

This matter having come before the Court on the Motion of Plaintiffs, Craig Callaway, Cherlyn King, Jocelyn Valencia, and Stephanie Davies-Kahn, for a Permanent Injunction, pursuant to Fed. R. Civ. P. 65(a)(2), Seth Grossman, Esq., Robert Loefflad, Esq., Seth Grossman & Associates, appearing on behalf of the Plaintiffs, David Samson, Esq., Attorney General of New Jersey, Allison Accurso, Esq., Assistant Attorney General, Donna Kelly, Esq., Senior Deputy Attorney General, Pamela E. Gellert, Esq., Deputy Attorney General, appearing on behalf of Defendant, David Samson, and Matthew B. Wieliczko, Esq., Natonya Phillips, Esq., Zeller & Bryant, LLP, appearing on behalf of Defendants, Rosemary Adams, Joseph G. Gindhart, and the City of Atlantic City; and,

The Court having heard oral argument and considered the papers submitted by counsel for Plaintiffs in support of the motion and the papers submitted by counsel for the Defendants in opposition;

For the reasons set forth in the foregoing Opinion, IT IS, on this 5th day of April, 2002, hereby ORDERED that:

1. The Motion of Plaintiffs, Craig Callaway, Cherlyn King, Jocelyn Valencia, and Stephanie Davies-Kahn, for a Permanent Injunction is GRANTED; and,

2. The Court hereby declares that N.J. Stat. Ann. §§ 40A:9-1.11, - 1.13 are unconstitutional as applied to the Plaintiff, Craig Callaway; and,

3. The Court hereby directs that the Defendants shall permit the Plaintiff, Craig Callaway, to submit his name for placement on the ballot for city council for the City of Atlantic City, Third Ward, and shall list him therein if he otherwise qualifies, notwithstanding the requirements of N.J. Stat. Ann. §§ 40A:9-1.11 and 1.13.

STEPHEN M. ORLOFSKY United States District Judge

20020405

© 2002 VersusLaw Inc.



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