Free Order - District Court of Delaware - Delaware

Case 1:O5—cv—OO185-JJF Document 61 Filed O4/28/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
COURTLAND C. PITTS, :
Plaintiff, ;
v. E Civil Action No. 05-I85 JJF
CPL. GREGORY SPENCE, E
Defendant. ;

WHEREAS, on September 28, 2007, Defendant filed a Motion For
Summary Judgment (D.I. 52);
WHEREAS, on October 25, 2007, briefing was completed on
Defendant’s Motion for Summary Judgment;
WHEREAS, the Court finds that genuine issues of material
fact exist for Plaintiff’s false arrest and malicious prosecution
claims, such that summary judgment under Rule 56(c) of the
Federal Rules of Civil Procedure is inappropriate.
NOW THEREFORE, IT IS HEREBY ORDERED that Defendant’s Motion
For Summary Judgment (D.I. 52) is DENIED.
April égi, 2008 6%*M¢~¤
S&AT§ DISTRICT