Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Donald Lee, et al v. Tomas Padilla

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


August 9, 2011

DONALD LEE, ET AL ., PLAINTIFFS,
v.
TOMAS PADILLA, ET AL ., DEFENDANTS.

The opinion of the court was delivered by: Hon. William J. Martini

OPINION

ORDER

For the reasons elaborated in the memorandum opinion filed contemporaneously with this Order,

IT IS on this 9th day of August, 2011;

ORDERED that Defendant Zisa's motion to dismiss is GRANTED in part, and DENIED in part;

Specifically:

Count I: Lee's First Amendment claim against Zisa is DISMISSED.

Count II: Lee's CEPA claim is dismissed against Defendants Zisa, Padilla, and the City of Hackensack. I.e., Count II is DISMISSED.

Count IV: O'Connor's First Amendment claim against Zisa is DISMISSED.

Count VI: Riotto's Due Process claim against Zisa is DISMISSED.

Count VII: Riotto's federal conspiracy claim is DISMISSED.

Count VIII: Riotto's civil conspiracy claim against Zisa is DISMISSED.

Count IX: Lee's Free Speech/Freedom of Association-related claim against Zisa is

DISMISSED. O'Connor's Free Speech/Freedom of Association-related claim against Zisa is DISMISSED. Riotto's Due Process-related claim against Zisa is DISMISSED. The following counts will go forward:

Count I: Lee's First Amendment claim against Padilla will proceed.*fn1

Count III: O'Connor's CEPA claim will proceed.

Count IV: O'Connor's First Amendment claim will proceed against Defendants Padilla, Molinelli, Bergen County Prosecutor's Office, County of Bergen, and the City of Hackensack, but not against Zisa.

Count V: DeLeone's First Amendment claim will proceed against Zisa and Padilla. Count VI: Riotto's Due Process claim will proceed against all Defendants except Zisa. Count VIII: Riotto's civil conspiracy claim will proceed against all Defendants except Zisa.

Count IX: Plaintiffs' claim under NJCRA will go forward except in relation to Lee's Free Speech/Freedom of Association-related claim against Zisa; except in relation to O'Connor's Free Speech/Freedom of Association-related claim against Zisa; and except in relation to Riotto's Due Process-related claim against Zisa.

Count X: Plaintiffs' claim against the City of Hackensack will go forward.

Finally, all conduct by Chief Zisa pre-dating March 15, 2009 or post-dating April 30, 2010 under any remaining count is barred for the purpose of establishing liability against Zisa.

William J. Martini, U.S.D.J.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.