Defendants Motion for Partial Reconsideration
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
William Thomas, et. al. | C.A. No. 94-2742
Plaintiffs pro se, | Judge Charles R. Richey
|
v. |
|
The United States, et. al. |
Defendants. |
DEFENDANTS' MOTION FOR PARTIAL RECONSIDERATION OF COURT'S
APRIL 12, 1995 ORDER DENYING QUALIFIED IMMUNITY ON
PLAINTIFFS' CLAIMS REGARDING REMOVAL OF FLAGS
Defendants, by and through the undersigned counsel,
respectfully request the Court to reconsider the portion of its
April 12, 1995 Order denying the qualified immunity to defendants
O'Neill and Keness plaintiffs' claims regarding removal of two
flags. See Complaint ¶¶ 10-18, and Order filed April 12, 1995 (R.
72), at p.2. Defendants so move on the grounds that careful review
of the undisputed facts of record and the applicable law, it is
clear that these defendants did not act in violation of any clearly
established rights of plaintiffs in requiring them to remove the
flags at issue, and are therefore entitled to qualified immunity.
In further support of their motion, defendants incorporate by
reference their Memorandum of Points and Authorities in Support of
Defendants' Motion for Reconsideration and in Support of
1
Defendants' Motion to Dismiss or for Summary Judgment.[1]
Respectfully Submitted,
__________________________________
ERIC H. HOLDER, Jr. DC Bar #303115
United States Attorney
__________________________________
KIMBERLY N. TARVER, DC Bar #422869
Assistant United States Attorney
CERTIFICATE OF SERVICE
I HEREBY CERTIFY this 15th day of May 1995, that
service of the foregoing. DEFENDANTS' MOTION FOR PARTIAL
RECONSIDERATION OF COURT'S APRIL 12, 1995 ORDER DENYING QUALIFIED
IMMUNITY ON PLAINTIFFS' CLAIMS REGARDING REMOVAL OF FLAGS was made
by sending copies thereof by first class mail, postage prepaid, to:
William Thomas
Apartment B
2817 llth Street, N.W.
Washington, D.C. 20001
KIMBERLY N. TARVER
Assistant United States Attorney
Judiciary Center Building
555 4th Street, N.W., Rm 10-106
Washington, D.C. 20001
202-514-7141
[1 Defendants also file on this date a Motion to Dismiss the
Complaint, or in the Alternative, for Summary Judgment.]