MALIGNAGGI v. COUNTY OF GLOUCESTER

No. 92-cv-2924.

855 F.Supp. 74 (1994)

Carmen A. MALIGNAGGI, General Administrator of the Estate of Joseph L. Malignaggi, Jr., and Carmen A. Malignaggi, as Administrator Ad Prosequendum of the Estate of Joseph L. Malignaggi, Jr., deceased, Joseph L. Malignaggi, Erminia Malignaggi, individually, and Carmen A. Malignaggi, individually, Plaintiffs, v. COUNTY OF GLOUCESTER, Gloucester County Swat Team, Gloucester County Police Chief's Association, Gloucester County Prosecutor's Office, State of New Jersey, Officer Greg Sherwood, West Deptford Police Department, Chief of the West Deptford Police Department, Township of West Deptford, Officer Joseph Cella, Washington Township Police Department, Chief of the Washington Township Police Department, Township of Washington, Officer David Haas, Officer Francis Grogan, Paulsboro Police Department, Chief of the Paulsboro Police Department, Borough of Paulsboro, Officer Michael Smith, Logan Police Department, Chief of the Logan Police Department, Township of Logan, Woodbury Police Department, Chief of the Woodbury Police Department, City of Woodbury, Officer John Stevenson, Westville Police Department, Chief of the Westville Police Department, Borough of Westville, Officer Scott Penuel, Pitman Police Department, Chief of the Pitman Police Department, Borough of Pitman, Officer Michael O'Donnell, Franklin Township Police Department, Chief of the Franklin Township Police Department, Township of Franklin, Harrison Township Police Department, Chief MacCherone, Township of Harrison, John Does 1-10, fictitious names, person or persons, corporate, municipal or State agencies, Defendants.

United States District Court, D. New Jersey.

June 24, 1994.


Attorney(s) appearing for the Case

John C. Eastlack, Jr., Poplar & Eastlack, P.A., Turnersville, NJ, for plaintiffs.

Richard P. Cushing, Gebhardt & Kiefer, Clinton, NJ, Marc I. Bressman, Budd, Larner, Gross, Rosenbaum, Greenberg & Sade, Cherry Hill, NJ, Frank N. Yurasko, Somerville, NJ, for defendants.


OPINION

BROTMAN, District Judge:

Presently before the court are the motions of defendants for summary judgment. For the reasons set forth below, the motions are granted.

I. FACTS

The following facts are undisputed. On November 17, 1990, plaintiffs' decedent, Joseph Malignaggi, took two waitresses hostage with a rifle in a Harrison Township restaurant. No one knew that the rifle was unloaded. He ordered everyone but the...

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