Watts v. City of Opelika, Alabama et al

Filing 49

ORDERED as follows: (1) Defendant Joshua Combs is to file, by noon on December 1, 2015, a brief addressing whether the purported release-dismissal waiver at issue in this case violates the public-interest, as further set out in order; Plaintiff Calvin Watts is to file a response by noon on December 4, 2015. Signed by Honorable Judge Myron H. Thompson on 11/23/2015. (kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
CALVIN WATTS,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
JOSHUA COMBS,
Defendant.

CIVIL ACTION NO.
3:13cv742-MHT
(WO)

ORDER
Based on the representations made on the record at
a pretrial hearing on November 23, 2015, it is ORDERED
as follows:
(1) Defendant Joshua Combs is to file, by noon on
December

1,

purported
case

2015,

appears

v.
to

brief

release-dismissal

violates

Newton

a

the

Rumery,
be

a

addressing
waiver

public-interest
480
broad,

U.S.

386

blanket

at

whether

issue

in

the
this

prong

of

Town

of

(1987),

in

that

it

waiver

and

not

the

result of an individualized prosecutorial determination
as required by Cain v. Darby Borough, 7 F.3d 377 (3d
Cir. 1993) (en banc), certiorari denied, 510 U.S. 1195

(1994).

See

also

Livingstone

v.

N.

Belle

Vernon

Borough, 91 F.3d 515 (3d Cir. 1996); Cuba-Diaz v. Town
of

Windham,

274

F.

Supp.

2d

221

(D.

Conn.

2003)

(Arterton, J.); Oliver v. City of Berkley, 261 F. Supp.
2d 870 (E.D. Mich. 2003) (Steeh, J.); Kinney v. City of
Cleveland,

144

F.

Supp.

2d

908

(N.D.

Ohio

2001)

(Aldrich, J.).
(2) Plaintiff Calvin Watts is to file a response by
noon on December 4, 2015.
DONE, this the 23rd day of November, 2015.
_ /s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE