Hall v. City of Newport News et al

Filing 71

MEMORANDUM OPINION re: 49 MOTION for Summary Judgment by City of Newport News, James D. Fox, Randy Hildebrandt, Joe Moore, Neil A. Morgan.. Accordingly, the Defendants' Motion for Summary Judgment is DENIED with respect to the C ity of Newport News and the individual Defendants in their official capacities, and GRANTED with respect to the individual Defendants in their personal capacities. Counsel shall contact the Calendar Clerk forthwith to set this matter for a Supplemental Final Pretrial Conference and a jury trial on the remaining claim before the court. IT IS SO ORDERED. Signed by Chief District Judge Rebecca Beach Smith and fled on 2/6/13. Copies sent to counsel for the parties 2/6/13.(ldab, )

UNITED

STATES

EASTERN

DISTRICT

DISTRICT

COURT

OF VIRGINIA

Newport News Division

.""^•jsagggpafcr
CORY M.

HALL,

Plaintiff,
ACTION NO.

v.

4:09cvl36

CITY OF NEWPORT NEWS,
JAMES D.

FOX,

CHIEF OF POLICE,

OFFICIALLY AND INDIVIDUALLY,

JOE MOORE, ASSISTANT CHIEF OF POLICE,
OFFICIALLY AND INDIVIDUALLY,

NEIL A. MORGAN, ASSISTANT CITY MANAGER/ACTING CITY MANAGER,
OFFICIALLY AND

INDIVIDUALLY,

AND RANDY HILDEBRANDT,

FORMER CITY MANAGER,

OFFICIALLY AND INDIVIDUALLY,
Defendants.

OPINION

This

Summary
Fox,

matter

comes

before

Judgment,

filed

by

Randy

(collectively

Hildebrant,
"Defendants")

the

the

City

Response

December

to

26,

January 2, 2013.

the Motion
2012,

The

to

of

Joe
on

December

on

the

Newport

Moore,

accompanying Memorandum in Support.
his

court

and
12,

which

matter

is

News,

Neil
2012,

the

now

for

with

an

filed

("Response")
replied

review.

D.

Morgan

("Hall")

Defendants

ripe

for

James

A.

along

Cory M. Hall

for Summary Judgment

Motion

For

on
on

the