Benson v. City of Atlanta et al
| Dan J. Benson |
| City of Atlanta and Andres Facemyer |
| 1:2013cv00595 |
| February 22, 2013 |
| US District Court for the Northern District of Georgia |
| Fulton |
| William S. Duffey |
| Civil Rights: Other |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
134
OPINION AND ORDER granting in part, denying in part, denying in part without prejudice and deferring in part Defendant Andres Facemyers Motion in Limine 108 and granting in part, denying as moot and deferring in part Plaintiff Dan J. Bensons Motion in Limine 109 . (See Order for specifics.) Signed by Judge William S. Duffey, Jr on 4/18/17. (ddm)
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Filing
133
OPINION AND ORDER denying Defendants Motion in Limine 108 with respect to exclude any evidence of damages after the First Appearance Hearing. The Court will issue a separate Opinion and Order regarding the remainder of the parties motions in limine. Signed by Judge William S. Duffey, Jr on 4/14/17. (ddm)
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Filing
103
OPINION AND ORDER advising that, pursuant to the Courts legal findings detailed in this Opinion and Order, at trial the Court will ask the jury to determine whether to award damages and, if so, in what amount, for the following time periods: (1) from the time of Plaintiffs initial arrest through his formal arrest; and (2) from the time of Plaintiffs formal arrest through his indictment. Signed by Judge William S. Duffey, Jr on 12/14/16. (ddm)
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Filing
72
OPINION AND ORDER that Defendant Andres Facemyer's Motion for Judgment as a Matter of Law 61 is DENIED. IT IS FURTHER ORDERED that Motion to Alter or Amend the Judgment or, in the Alternative, for a New Trial 62 is GRANTED IN PART and DENIED IN PART. The Court will conduct a new trial on the issues of damages, subject to the Court's initial consideration of whether the development of arguable probable cause after the arrest and before Defendant advised Plaintiff of the charges for which he was arrested and was ordered to be transported to the police station jail, entitles Defendant to claim qualified immunity for events occurring after that point. IT IS FURTHER ORDERED that the Parties shall submit legal memoranda on the is sue of whether the establishment of arguable probable cause after the arrest entitles Defendant to claim qualified immunity at that point. Because Defendant has the burden to establish qualified immunity, he shall file his memorandum on this issue o n or before October 30, 2015. Initial and further briefing of this issue, including the briefing schedule, shall be governed by the Court's Local Rules. IT IS FURTHER ORDERED that Plaintiff Dan J. Benson's First Motion for Attorney's Fees 60 and Second Motion for Attorney's Fees 68 are DENIED WITHOUT PREJUDICE. Plaintiff may, within thirty (30) days after the conclusion of litigation in this Court, refile his motion for attorneys' fees and costs. Signed by Judge William S. Duffey, Jr on 9/30/2015. (anc)
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Filing
23
OPINION AND ORDER that Defendant's Motion for Summary Judgment 17 and Plaintiff's Motion for Summary Judgment 19 are DENIED. Signed by Judge William S. Duffey, Jr on 8/21/2014. (anc)
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