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

Case 1:07-cv-00475-MPT

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Filed 03/17/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MACIEJ MURAKOWSKI, Plaintiff, v. UNIVERSITY OF DELAWARE, Defendant. ) ) ) ) ) ) ) ) )

C.A. No. 07-475 MPT

MOTION FOR SUMMARY JUDGMENT Plaintiff Maciej Murakowski hereby moves the Court, pursuant to Federal Rule of Civil Procedure 56, for summary judgment on his claims on the ground that there is no material dispute of fact, and that he is entitled to judgment as a matter of law. The basis for plaintiff's motion is set forth in detail in plaintiff's opening brief in support of this motion, filed contemporaneously herewith. Dated: March 17, 2008

Respectfully submitted,

/s/ David L. Finger David L. Finger (DE Bar ID #2556) Finger & Slanina, LLC One Commerce Center 1201 Orange Street, Suite 725 Wilmington, DE 19801-1155 (302) 884-6766 Attorney for plaintiff Maciej Murakowski

Case 1:07-cv-00475-MPT

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MACIEJ MURAKOWSKI, Plaintiff, v. UNIVERSITY OF DELAWARE, Defendant. ) ) ) ) ) ) ) ) )

C.A. No. 07-475 MPT

ORDER On this ______ day of ________________________, 2008, having considered the submissions and arguments of the parties, IT IS HEREBY ORDERED THAT: 1. The motion of plaintiff Maciej Murakowski on his claim under 42 U.S.C. §1983 for

violation of his constitutional rights is GRANTED. 2. The Court declares that the suspension of Mr. Murakowski by the University of

Delaware ("UD") violated Mr. Murakowski's free speech rights under the First Amendment to the Constitution of the United States, and is hereby deemed null and void. 3. records. 4. Mr. Murakowski is awarded compensatory damages, represented lost future earnings, UD is ordered to expunge Mr. Murakowski's conviction and suspension from its

in the amount of $59,361.00. 5. As prevailing party, Mr. Murakowski is awarded his court costs and reasonable

attorney's fees. Within seven (7) calendar days of the entry of this Order, counsel for plaintiff shall file with the Court, under seal, a statement of his fees and expenses. Defendant shall have seven (7)

Case 1:07-cv-00475-MPT

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calendar days thereafter to file any objection to said statement of fees and expenses. Plaintiff shall have seven (7) calendar days thereafter to file any response to any such objections.

________________________________________ Thynge, M.J.