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
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