Kirkwood v. Decorah

*190ORDER (Partially Granting Plaintiffs Motion for Summary Judgment)

TODD R. MATHA, Associate Judge.

INTRODUCTION

The Court must determine whether to grant the plaintiffs motion for summary judgment. The Court enters a decision partially in favor of the plaintiff, but requires further discovery and submission of legal memoranda to fully address some remaining issues. The below discussion reflects the Court’s careful examination of this case.

PROCEDURAL HISTORY

The Court recounts the procedural history in significant detail in its October 18, 2004 Order (Granting Plaintiff's Motion). For purposes of…