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Perman Pitman v. Joshua M. Ottehberg

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


December 30, 2011

PERMAN PITMAN, PLAINTIFF,
v.
JOSHUA M. OTTEHBERG, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hillman, District Judge

ORDER

For the reasons expressed in the Court's Opinion entered on this date, IT IS HEREBY ORDERED this 30th day of December , 2011, that motion [Doc. No. 20] to dismiss filed by Defendants Camden County Prosecutor's Office, Ottenberg, and Woshnak shall be, and hereby is, GRANTED IN PART and DENIED IN PART; and it is further

ORDERED that the motion is GRANTED with respect to all claims against Defendant Camden County Prosecutor's Office, and all such claims shall be, and hereby are, DISMISSED WITH PREJUDICE; and it is further

ORDERED that the motion is GRANTED with respect to all claims against Defendant Ottenberg in his official capacity, and all such claims shall be, and hereby are, DISMISSED WITH PREJUDICE; and it is further

ORDERED that the motion is GRANTED with respect to all claims against Defendant Ottenberg in his individual capacity, and all such claims shall be, and hereby are, DISMISSED WITHOUT PREJUDICE; and it is further

ORDERED that the motion is GRANTED to the extent Plaintiff asserts claims under 42 U.S.C. § 1983 for either false arrest or false imprisonment, and any such claims shall be, and hereby are, DISMISSED WITH PREJUDICE; and it is further

ORDERED that the motion is GRANTED with respect to all claims against Defendant Woshnak in his individual capacity, and all such claims shall be, and hereby are, DISMISSED WITHOUT PREJUDICE; and it is further

ORDERED that the motion is DENIED to the extent Plaintiff asserts a claim under 42 U.S.C. § 1983 for malicious prosecution; and it is further

ORDERED that Plaintiff shall be, and hereby is, granted leave to file an amended complaint within thirty (30) days of the date of this Order to correct the deficiencies identified in the Court's Opinion of even date.

At Camden, New Jersey

NOEL L. HILLMAN, U.S.D.J.

20111230

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