OWENS v. THE CITY OF ATLANTIC CITY et al

Filing 63

ORDER granting in part and denying in part 49 Motion for Reconsideration. Signed by Judge Noel L. Hillman on 9/8/2008. (TH, )

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ANTHONY OWENS, Plaintiff, v. CITY OF ATLANTIC CITY, ATLANTIC CITY POLICE DEPT., CHARLES MILLER, ARTHUR C. SNELLBAKER, ROBERT FLIPPING, et al., Defendants. : : : : : : : : : : : : : Civ. Action No. 05-3132 (NLH)

ORDER

For the reasons expressed in the Court's Opinion filed even date, IT IS HEREBY on this 8th day of September , 2008

ORDERED that the motion of defendant Charles Miller for reconsideration [49] is GRANTED IN PART AND DENIED IN PART, as follows: 1. Defendant's motion is DENIED with regard to the request

for reconsideration of the Court's analysis of the Heck doctrine; and 2. Defendant's motion is GRANTED as to the Court's

qualified immunity analysis to the extent that the Court modifies its prior Opinion to hold that the decision on whether Miller is entitled to qualified immunity will be held in abeyance pending the jury's resolution of the disputed facts.

s/Noel L. Hillman At Camden, New Jersey NOEL L. HILLMAN, U.S.D.J.