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BARLETTA v. GOLDEN NUGGET HOTEL CASINO

Civ. A. No. 83-0119.

601 F.Supp. 1495 (1985)

Alfred M. BARLETTA and Concetta M. Barletta, his wife, Plaintiffs, v. GOLDEN NUGGET HOTEL CASINO, Veronica Bartch, City of Atlantic City, Police Department of Atlantic City, Chief of Police of Atlantic City, Joseph Fair, Elsie Wilson and Laura Cheatum, Defendants/Third Party Plaintiffs, v. The STATE OF NEW JERSEY, Irwin I. Kimmelman, Thomas O'Brien, John Sheeran, and John Doe (a fictitious name), Third Party Defendants.

United States District Court, D. New Jersey.

February 6, 1985.

Attorney(s) appearing for the Case

Martin Margolit, P.C., Camden, N.J., for plaintiffs.

Horn, Kaplan, Goldberg, Gorny & Daniels, P.C. by Jack Gorny, Atlantic City, N.J., for defendant, third party plaintiff Golden Nugget Hotel Casino.

Slater & Tenaglia, P.C. by Peter M. Kober, Marlton, N.J., for defendant, third party plaintiff Veronica Bartch.

Gormley, Savio & Gasbarro by William E. Gasbarro, Absecon, N.J., for defendants, third party plaintiffs City of Atlantic City, Chief of Police of Atlantic City, and the Police Dept. of Atlantic City (other than Officers Joseph Fair, Elsie Wilson and Laura Cheatum).

Goldenberg, Mackler & Sayegh by Abigail Sayegh, Atlantic City, N.J., for defendants, third party plaintiffs Joseph Fair, Elsie Wilson and Laurel Cheatum.

Irwin I. Kimmelman, Atty. Gen., N.J. by Rosemarie Ruggiero Williams, Deputy Atty. Gen., Division of Law, Dept. of Law and Public Safety, Trenton, N.J., for third party defendants.

OPINION

COHEN, Senior District Judge.

This tort and civil rights action is presently before the Court on a motion to dismiss made on behalf of one of the third party defendants, Detective John Sheeran, a member of the New Jersey State Police Department. Sheeran's motion is based entirely upon an assertion of Eleventh Amendment immunity.1

This is another installment in a series of tort cases which has evolved on a busy...

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