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Damb-Totti Alassani v. Mary-Ellen Walter

January 14, 2011

DAMB-TOTTI ALASSANI
v.
MARY-ELLEN WALTER, ET AL.



The opinion of the court was delivered by: Thomas N. O'neill, Jr., J.

ORDER

AND NOW, this 14th day of January, 2011, in consideration of defendant Kathleen Shields's motion to dismiss, plaintiff's response and Shields's reply, it is ORDERED that:

(1) Shields's motion to dismiss for failure to state a claim is DENIED;

(2) Shields's motion to dismiss on the basis of absolute immunity is DENIED; and

(3) Shields's motion to dismiss insofar as plaintiff's complaint alleged claims against her in her official capacity is GRANTED. Such claims are DISMISSED;

In consideration of defendant Mary-Ellen Walter's motion to dismiss or, alternatively, motion for summary judgment, plaintiff's response and Walter's reply, it is ORDERED that:

(1) Walter's motion to dismiss for lack of subject matter jurisdiction is DENIED;

(2) Walter's motion to substitute the United States as a party is DENIED;

(3) Walter's motion to dismissed for failure to state a claim upon which relief can be granted is DENIED;

(4) Walter's motion to dismiss or, alternatively, for summary judgment on the basis that probable cause existed to support plaintiff's arrest is DENIED; and

(5) Walter's motion to dismiss, or alternatively, for summary judgment on the basis of qualified immunity is DENIED.

It is FURTHER ORDERED that the parties submit an agreed-upon scheduling order to the Court for approval.

THOMAS N. O'NEILL, JR.

20110114 ...


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