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Estate of Phillips v. Dist. of Columbia

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


January 11, 2005

ESTATE OF ANTHONY PHILLIPS, ET AL. PLAINTIFFS,
v.
DISTRICT OF COLUMBIA, ET AL. DEFENDANTS.

The opinion of the court was delivered by: Emmet G. Sullivan United States District Court

ORDER

Upon consideration of the U.S. Court of Appeals' decisions in Int'l Action Center v. United States, 365 F.3d 20 (D.C. Cir. 2004) and Fraternal Order of Police v. Williams, 375 F.3d 1141 (D.C. Cir. 2004) on the issue of immunity addressed in this Court's March 31, 2003 Order, it is hereby

ORDERED that defendants' motion to vacate this Court's March 31, 2003 Order and dismiss plaintiffs' claims brought pursuant to 42 U.S.C. § 1983 against individual defendants and the District of Columbia is DENIED; and it is

FURTHER ORDERED that defendants' motion to vacate this Court's March 31, 2003 Order and dismiss plaintiffs' claims of intentional torts against individual defendants in their personal capacities is DENIED; and it is

FURTHER ORDERED that defendants' motion to vacate this Court's March 31, 2003 Order and dismiss plaintiffs' derivative claims against the District of Columbia is DENIED.

20050111

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