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BALAS v. TAYLOR

Civil Action No. 06-592 JJF.

567 F.Supp.2d 654 (2008)

Cindy L. BALAS a/k/a Cindy L. Adkins, Executrix of the Estate of Corporal John J. Balas, Plaintiff, v. Stanley W. TAYLOR, Jr., individually and in his official capacity as the Commissioner of Correction, et al., Defendants.

United States District Court, D. Delaware.

July 29, 2008.

Attorney(s) appearing for the Case

Thomas S. Neuberger, Esquire; Stephen J. Neuberger, Esquire; and Cheryl A. Hertzog, Esquire of the Neuberger Firm, Wilmington, DE, for Plaintiff.

Ralph K. Durstein, III, Deputy Attorney General & Stacey Xarhoulakos, Deputy Attorney General of the Department of Justice for the State of Delaware, Wilmington, DE, for Defendants.

JURY TRIAL DEMANDED

MEMORANDUM OPINION

FARNAN, District Judge.

Pending before the Court are the cross motions for summary judgment filed by Plaintiff Cindy L. Balas and Defendants Taylor, Machtinger, Deloy, Wilkinson, Mears, and Department of Correction of the State of Delaware. (D.I. 57, D.I. 54.) For the reasons discussed below, Plaintiffs Motion will be granted in part and denied in part...

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