COLES et al v. CARLINI et al

Filing 167

ORDER denying Pltfs' 115 Motion for Partial Summary Judgment; granting in part and denying in part Defts' 120 Cross Motion for Partial Summary Judgment. Signed by Chief Judge Jerome B. Simandle on 7/22/2013. (drw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
JAMES COLES, et al.,
HON. JEROME B. SIMANDLE
Plaintiffs,
Civil No. 10-6132 (JBS/AMD)
v.
NICHOLAS CARLINI, et al.,

ORDER

Defendants.
This matter having come before the Court on a motion for
partial summary judgment by Plaintiffs Coles, Ballinger and
DeGailler [Docket Item 115] and a cross-motion for partial
summary judgment by the State Defendants [Docket Item 120]; the
Court having considered the submissions of the parties and having
heard oral argument; for the reasons explained in the Opinion of
today’s date; and for good cause shown;
IT IS this

22nd

day of

July

, 2013 hereby

ORDERED that Plaintiffs’ motion for partial summary judgment
is DENIED; and it is further
ORDERED that Defendants’ cross-motion for partial summary
judgment is DENIED in part and GRANTED in part; Defendants’
motion is DENIED insofar as they are entitled to neither
qualified immunity nor summary judgment on the merits of the
First Amendment claim; Defendants’ motion is GRANTED on judicial
estoppel grounds as to Plaintiffs Coles and Ballinger, who may
seek nominal damages and declaratory and injunctive relief but
who may not seek additional compensatory or punitive damages.

s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge