Free Motion for Summary Judgment - District Court of Delaware - Delaware

Case 1:07-cv-00023-SLR

Document 25

Filed 03/07/2008

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

) ) Plaintiff, ) ) v. ) ) WILMINGTON POLICE OFFICER RINEHART, ) WILMINGTON POLICE OFFICER DRYSDALE, ) ) Defendants. )

ROBERT D. BROWN,

C.A. No. 07-23 (SLR) JURY OF 12 DEMANDED

DEFENDANTS' MOTION FOR SUMMARY JUDGMENT For the reasons stated in Defendants' Opening Brief in Support of Their Motion for Summary Judgment , and there being no disputed issues of any material facts, Defendants hereby move this Honorable Court to issue an Order granting summary judgment based on the following grounds: 1. Defendant Drysdale had no personal involvement in Plaintiff's arrest. Therefore, Plaintiff

cannot maintain a cause of action under §1983 against Defendant Drysdale. 2. Further, Defendant Rinehart is entitled to qualified immunity for the actions he undertook

in Plaintiff's arrest. Therefore, he cannot be held liable under §1983. WHEREFORE, Defendants respectfully request that the Court enter an Order granting summary judgment and dismissing the Plaintiff's Complaint. /s/ Rosamaria Tassone Rosamaria Tassone, Esq. (I.D. #3546) First Assistant City Solicitor Louis J. Redding City/County Bldg. 800 N. French St., 9th Flr. Wilmington, DE 19801 Attorney for Defendants Dated: March 7, 2008

Case 1:07-cv-00023-SLR

Document 25-2

Filed 03/07/2008

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ROBERT D. BROWN, ) ) Plaintiff, ) ) v. ) ) WILMINGTON POLICE OFFICER RINEHART, ) WILMINGTON POLICE OFFICER DRYSDALE, ) ) Defendants. ) ORDER This _________ day of ___________________, 2008, the Court having considered Defendants' Motion for Summary Judgment and Opening Brief in Support of Their Motion for Summary Judgment , and any opposition thereto, It is HEREBY ORDERED that Defendants' Motion is hereby GRANTED and Plaintiffs' Complaint is hereby dismissed.

C.A. No. 07-23 (SLR) JURY OF 12 DEMANDED

_________________________________ J.

Case 1:07-cv-00023-SLR

Document 25-3

Filed 03/07/2008

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ROBERT D. BROWN, ) ) Plaintiff, ) ) v. ) ) WILMINGTON POLICE OFFICER RINEHART, ) WILMINGTON POLICE OFFICER DRYSDALE, ) ) Defendants. )

C.A. No. 07-23 (SLR) JURY OF 12 DEMANDED

CERTIFICATE OF SERVICE I, Rosamaria Tassone, Esquire, hereby certify that on this 7th day of March, 2008, I electronically filed Defendants' Motion for Summary Judgment with the Clerk of Court using CM/ECF which will send notification of such filing(s) to the following and that these documents are available for viewing and downloading from CM/ECF. A copy of the document was mailed to the following individual: Robert D. Brown Inmate Number 231393 Howard R. Young Correctional Institution P.O. Box 9561 Wilmington, DE 19809

/s/ Rosamaria Tassone Rosamaria Tassone (I.D. #3546) City of Wilmington Law Department Louis L. Redding City/County Building 800 French Street, 9th Floor Wilmington, Delaware 19801-3537 (302) 576-2175