Lang v. Gordon et al

Filing 44

ORDER denying 42 motion for reconsideration. So Ordered by Chief Judge Steven J. McAuliffe. (lag)

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Katon Lang v. James O'Mara, Jr., Superintendent, Hillsborough County Department of Corrections; Ronald Potter; David Archambault; and Todd Gordon NOTICE OF RULING Case No. 07-cv-66-SM

Re: (Document No. 42) Defendants' Motion for Reconsideration of Order Denying Motion for Summary Judgment Ruling: Denied. Defendants miss the point. Yes, their version of the pertinent events would, if true, entitle defendants to summary judgment, but the record does not. Defendants themselves submitted evidence in support of their summary judgment motion (i.e., plaintiff's sworn version of the pertinent events) which demonstrated the existence of genuine disputes as to material facts precluding summary judgment. With respect to qualified immunity, again, if plaintiff's version of the pertinent events (which defendants put before the court) is accepted by the jury, defendants would not be entitled to qualified immunity.

Steven J. McAuliffe Chief Judge February 19, 2009 cc: Michael J. Sheehan, Esq. Elizabeth L. Hurley, Esq. John A. Curran, Esq.