Eberle v. CITY OF NEWTON, KANSAS

MEMORANDUM AND ORDER

MARTEN, District Judge.

The court granted summary judgment in favor of the City of Newton, Chief Daily, and defendant Brad McMichael in his official capacity, as well as granting the separate motion of Officer McMichael, on October 30, 2003. The matter is now before the court on the Motion to Alter and Amend filed by plaintiff Reena Eberle.

Eberle argues in her motion that the court, since it did not grant summary judgment in McMichael’s favor on the issue of qualified immunity, could not grant summary judgment on the basis specified by the court, ie., Eberle’s voluntary…