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CAISSIE v. CITY OF CAPE MAY

Civil No. 1:08-cv-0303 (JHR).

619 F.Supp.2d 110 (2009)

Leigh CAISSIE, Plaintiff, v. CITY OF CAPE MAY, City of Cape May Police Department, Sgt. Anthony Marino, Sgt. Kenneth Cooper, Cabana's Beach Bar & Grill, John Doe Police Officers 1-10, Defendants, and City of Cape May, City of Cape May Police Department, Sgt. Anthony Marino, Sgt. Kenneth Cooper Jointly, Severally and in the Alternative, Defendants/Third Party Plaintiffs, and Frog Spring Corp. & LBH, LLC t/a Cabana's and Martini Beach Restaurant [Improperly pled as Cabana's Beach Bar & Grill], Third Party Plaintiffs, v. Nicholas M. Baldwin, Third Party Defendant.

United States District Court, D. New Jersey.

May 27, 2009.

Attorney(s) appearing for the Case

David R. Castellani, Esq., Castellani Law Firm, LLC, Northfield, NJ, for Plaintiff.

A. Michael Barker, Esq., Linwood Greene, Linwood, NJ, for Public Defendants.

Philip T. Ciprietti, Esq., Marlton, NJ, for Private Defendant.

OPINION

JOSEPH H. RODRIGUEZ, District Judge.

This matter comes before the Court on a Motion to Dismiss filed by Defendants Kenneth Cooper, Anthony Marino, City of Cape May, and City of Cape May Police Department ("Public Defendants") on October 3, 2008, as well as on a Motion to Dismiss filed by Defendant Cabana's Beach Bar & Grill ("Private Defendant") on October 9, 2008.1 Public Defendants seek dismissal pursuant to Federal...

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