Brandt v. Aunach

Full title: JOHN BRANDT, Plaintiff, v. AARON AUNACH, SUNG LEE, JEFFREY NURENBERG…

Court: United States District Court, D. New Jersey

Date published: Nov 14, 2005

Civil Action No. 05-2070(DRD) (D.N.J. Nov. 14, 2005)

Opinion

Civil Action No. 05-2070(DRD).

November 14, 2005

ORDER

DICKINSON DEBEVOISE, Senior District Judge

Defendants having moved to dismiss Plaintiff's Complaint for failure to state a claim upon which relief can be granted and failure to exhaust administrative remedies; and the Court having reviewed the submissions of the parties; and for the reasons set forth in the opinion of even date,

IT IS on this ___ day of November 2005, ORDERED as follows:

1. Defendants' motion to dismiss Plaintiff's complaint is DENIED as it relates to the excessive force count contained in paragraph (36) of the complaint.

2. Defendant's motion is GRANTED as it relates to the denial of due process counts contained in paragraphs (37) and (38) of the complaint.

3. The counts contained in Paragraphs (37) and (38) of the complaint are dismissed with prejudice.