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Nash Williams v. J. Bentivegna

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


July 19, 2011

NASH WILLIAMS, PLAINTIFF,
v.
J. BENTIVEGNA, NEW JERSEY DIVISION OF STATE POLICE,
SUPERINTENDENT OF NEW JERSEY DIVISION OF STATE POLICE, AND JOHN DOES 1-10, DEFENDANTS.

The opinion of the court was delivered by: Honorable Joseph E. Irenas

ORDER TO SHOW CAUSE

IRENAS, Senior District Judge:

This matter having been opened to the Court on Defendant J. Bentivegna's Notice of Removal, the Court having considered the submission of Defendant Bentivegna, and for good cause appearing;

IT IS on this 19th day of July, 2011, ORDERED THAT:

(1) Plaintiff shall show cause in writing why an order should not be entered dismissing the New Jersey Division of State Police and the Superintendent of New Jersey Division of State Police from this action on the basis that these parties enjoy sovereign immunity under the Eleventh Amendment to the United States Constitution and are therefore immune from suit in this Court.*fn1 See Edelman v. Jordan, 415 U.S. 651, 662 (1974)("[A]n unconsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another State.")

(2) Plaintiff's brief on this matter shall be filed with the Court (with a copy sent directly to Chambers) by 5:00 p.m., Tuesday, July 26, 2011.

(3) Defendants' briefs, if any, shall be filed with the Court (with a copy sent directly to Chambers) by 5:00 p.m., Tuesday, August 2, 2011.

JOSEPH E. IRENAS Senior United States District Judge


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