Montgomery v. Warren County et al

Filing 18

ORDER for Evidentiary Hearing regarding Defendants' Motion for Qualified Immunity. Signed by Honorable David C. Bramlette, III on 10/26/2011 (PL)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
ERNEST MONTGOMERY

PLAINTIFF

V.

CIVIL ACTION NO. 5:11cv00004-DCB-JMR

WARREN COUNTY, DEPUTIES BILLY HIGGINS,
MICHAEL HOLLINGSWORTH AND CHRIS SATCHER,
IN THEIR INDIVIDUAL AND OFFICIAL CAPACITIES

DEFENDANTS

ORDER FOR EVIDENTIARY HEARING
Currently before the Court is the Defendants’ Motion for
Qualified Immunity [docket entry no. 8].

Upon consideration of

said Motion, the Court has determined that there are insufficient
facts in the record for it to decide whether the Defendants are
entitled to qualified immunity, and accordingly, the Court will
hold an evidentiary hearing regarding this issue at the United
States Courthouse in Natchez, MS on November 14th, 2011 at 10:00
a.m.

At the hearing, the Parties should be prepared to present

testimony and other evidence concerning the incident that gave rise
to the Plaintiff’s claims.
SO ORDERED AND ADJUDGED, this the 26th day of October, 2011.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE