Legal Opinion

Brown v. Herbert

District Court, D. Utah

Decided August 27, 2014No. Case No. 2:11-CV-0652-CWPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM DECISION AND JUDGMENT

CLARK WADDOUPS, District Judge.

MEMORANDUM DECISION

The court granted in part Plaintiffs’ Motion for Summary Judgment (Dkt. No. 49), denying Defendant’s Cross-Motion for Summary Judgment (Dkt. No. 55), in its Memorandum Decision and Order dated December 13, 2013 (Dkt. No. 78). That Order, however, left unresolved the matter of Plaintiffs’ claim under 42 U.S.C. § 1983, and in a status conference held on January 17, 2014, the court requested supplemental briefing on the issue.

Defendant contends that his failure to include an affirmative defense or any answer to…

2Cases cited4 opinions

  1. Virginia v. American Booksellers Assn., Inc.Supreme Court of the United States · 1988
  2. Gonzales v. CarhartSupreme Court of the United States · 2007
  3. Frazier v. SimmonsCourt of Appeals for the Tenth Circuit · 2001
  4. Brown v. BuhmanDistrict Court, D. Utah · 2013

3Cited by1 opinion

  1. Harris v. SteadmanDistrict Court, E.D. Pennsylvania · 2016

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