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BENNETT v. CITY OF ATLANTIC CITY

Civil Action No. 03-823 (JEI).

288 F.Supp.2d 675 (2003)

BENNETT, et al., Plaintiffs, v. CITY OF ATLANTIC CITY, et al., Defendants.

United States District Court, D. New Jersey.

October 31, 2003.

Attorney(s) appearing for the Case

Donnamarie Davis, Esq., Frost & Zeff, Cherry Hill, NJ, for Plaintiffs.

Lisa Dorio-Ruch, Esq., Office of the Attorney General of New Jersey, Trenton, NJ, for Defendants the State of New Jersey Department of Personnel and the Merit System Board.

Karen M. Williams, Esq., Jasinski & Williams, Atlantic City, NJ, for Defendants City of Atlantic City and Benjamin Brenner.

OPINION

IRENAS, Senior District Judge.

This case comes before the Court on Defendants' motion to dismiss Plaintiffs' complaint pursuant to Fed.R.Civ.P. 12(b)(1) for a lack of subject matter jurisdiction. Defendants argue that they are immune from suit under the Eleventh Amendment. This Court has jurisdiction over the matter pursuant to 28 U.S.C. §§ 1331, 1343 and 1367.

I.

Plaintiffs, who include both current firefighters with...

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