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Owens v. City of Atlantic City

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


September 8, 2008

ANTHONY OWENS, PLAINTIFF,
v.
CITY OF ATLANTIC CITY, ATLANTIC CITY POLICE DEPT., CHARLES MILLER, ARTHUR C. SNELLBAKER, ROBERT FLIPPING, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Noel L. Hillman, U.S.D.J.

ORDER

For the reasons expressed in the Court's Opinion filed even date,

IT IS HEREBY on this 8th day of September, 2008

ORDERED that the motion of defendant Charles Miller for reconsideration [49] is GRANTED IN PART AND DENIED IN PART, as follows:

1. Defendant's motion is DENIED with regard to the request for reconsideration of the Court's analysis of the Heck doctrine; and

2. Defendant's motion is GRANTED as to the Court's qualified immunity analysis to the extent that the Court modifies its prior Opinion to hold that the decision on whether Miller is entitled to qualified immunity will be held in abeyance pending the jury's resolution of the disputed facts.

20080908

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