Free Reply to Response to Motion - District Court of Delaware - Delaware

Case 1:07-cv-00166-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ELAINE HALE, et al., Plaintiffs, v. Lieutenant WILLIAM BROWNE, et al., Defendants. : : : : : : : : :

C.A.No. 07-166-***

REPLY TO DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO AMEND THE COMPLAINT On January 18, 2008, plaintiffs filed their Motion to Amend the First Amended Complaint (D.I. 20) pursuant to Federal Rule of Civil Procedure 15(a). (D.I.53). Thereafter, on January 25, 2008, defendants filed their response which does not oppose plaintiff's Motion, but rather asks the Court to grant partial summary judgment. (D.I.54). Accordingly, plaintiffs' Motion for Leave to Amend should be granted in full. 1. First, defendants make clear they do not oppose the naming of Captain Robert

Coupe and Corporal Chris Popp of the Delaware State Police, and Mark Lewis of the Delaware Department of Correction. (See D.I. 54 at ¶1,18). Accordingly, plaintiffs' Motion to add Coupe, Popp and Lewis as properly named defendants should be granted. 2. Next, defendants similarly do not oppose plaintiffs' request to add a State Created

Danger claim against the Delaware State Police. (See D.I. 54 at ¶2). Rather, defendants' only object to the addition of this claim as it pertains to defendants Lester, Parton and Simpson. Accordingly, plaintiffs' Motion to add a State Created Danger claim should be granted. 3. Consequently, defendants' only opposition to plaintiffs' Motion is the continued

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inclusion of defendants Lester, Parton and Simpson as named defendants and ask the court to grant partial summary judgment under Rule 56(c). (See D.I. 54 ¶20). Plaintiffs will respond to defendants' speaking motion for partial summary judgment in accordance with the Rules of Civil Procedure. 4. Therefore, for the reasons discussed above and in the opening motion, the Court

should grant plaintiffs' Motion to Amend their First Amended Complaint to include three additional State defendants, as well as an additional claim for State Created Danger.

THE NEUBERGER FIRM, P.A. /s/ Thomas S. Neuberger THOMAS S. NEUBERGER, ESQ. (#243) STEPHEN J. NEUBERGER, ESQ. (#4440) CHERYL A. HERTZOG, ESQ. (Pro Hac Vice) Two East Seventh Street, Suite 302 Wilmington, DE 19801 (302) 655-0582 [email protected] [email protected] [email protected] ARNOLD & PORTER L.L.P. RANDAL SHAHEEN, ESQ. RYAN RICHARDSON, ESQ. JENNIFER RISEN, ESQ. 555 12th Street, NW Washington, DC 20004 (202) 942-5000 (phone) (202) 942-5999 (fax) OF COUNSEL: JOHN W. WHITEHEAD, ESQ. DOUGLAS MCKUSICK, ESQ. THE RUTHERFORD INSTITUTE

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P.O. Box 7482 Charlottesville, Virginia 22906 (434) 978 3888 Attorneys for Plaintiffs Elaine Hale and the Estate of Derek J. Hale and cooperating attorneys for The Rutherford Institute

JACOBS & CRUMPLAR, P.A. /s/ Thomas C. Crumplar ROBERT JACOBS, ESQUIRE (#244) THOMAS C. CRUMPLAR, ESQUIRE (#942) Two East Seventh Street, Suite 400 Wilmington, DE 19801 (302) 656-5445 [email protected] [email protected] Attorneys for Plaintiffs Dennis W. Hale and Connie M. Hale Dated: February 1, 2008

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CERTIFICATE OF SERVICE I, Thomas S. Neuberger, being a member of the bar of this Court do hereby certify that on February 1, 2008, I electronically filed this Reply with the Clerk of the Court using CM/ECF which will send notification of such filing to the following:

John A. Parkins, Esq. Richards, Layton & Finger One Rodney Square 920 N. King Street Wilmington, DE 19801

Ralph Durstein, Esquire Department of Justice Carvel State Office Building 820 N. French Street Wilmington, DE 19801

/s/ Thomas S. Neuberger THOMAS S. NEUBERGER, ESQ.
Hale / Pleadings / M otions / M otion to Amend - R eply