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

Case 1:04-cv-00193-SLR

Document 65

Filed 11/23/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ANIBAL MELENDEZ, Plaintiff, v. WARDEN CARROLL, LARRY MCGUIGAN, BETTY BRIAN, LT. STAIN, CPT MERSON, CPT. SAGAR, NATE GARDELS, CPT. BELANGER, MICHAEL ALLEN, and INTERNAL AFFAIRS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) )

C. A. No. 04-193-SLR

STATE DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT COME NOW State Defendants Warden Thomas Carroll, Deputy Warden Larry McGuigan, Lt. James Stanton, Corporal Lise Merson, Captain Clyde Sagers, Officer James Gardels, Captain Joseph Belanger, Officer Michael Allen, and Internal Affairs, by and through the undersigned counsel, and hereby move this Honorable Court to enter an Order granting their Motion for Partial Summary Judgment on the grounds set forth in the accompanying Memorandum of Points and Authorities. DEPARTMENT OF JUSTICE STATE OF DELAWARE /s/ Eileen Kelly Deputy Attorney General Department of Justice 820 N. French St., 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected]

Dated: November 23, 2005

Case 1:04-cv-00193-SLR

Document 65

Filed 11/23/2005

Page 2 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ANIBAL MELENDEZ, Plaintiff, v. WARDEN CARROLL, LARRY MCGUIGAN, BETTY BRIAN, LT. STAIN, CPT MERSON, CPT. SAGAR, NATE GARDELS, CPT. BELANGER, MICHAEL ALLEN, and INTERNAL AFFAIRS, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) )

C. A. No. 04-193-SLR

ORDER IT IS SO ORDERED, this ___________day of _____________, __________ that: Summary Judgment is entered in favor of State Defendants Correctional Officer James Gardels and Correctional Officer Michael Allen in their official capacities as to all claims; and Summary Judgment is entered in favor of State Defendants Warden Thomas Carroll, Deputy Warden Larry McGuigan, Lt. James Stanton, Corporal Lise Merson, Captain Clyde Sagers, Captain Joseph Belanger, and Internal Affairs, in their official and individual capacities, as to all claims.

___________________________________ United States District Judge

Case 1:04-cv-00193-SLR

Document 65

Filed 11/23/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on November 23, 2005, I electronically filed State Defendants' Motion for Partial Summary Judgment with the Clerk of Court using CM/ECF. I hereby certify that on November 23, 2005, I have mailed by United States Postal Service, the document to the following non-registered party: Anibal Melendez.

/s/ Eileen Kelly Deputy Attorney General Department of Justice 820 N. French St., 6th Floor Wilmington, DE 19801 (302) 577-8400 [email protected]