Free Other Notice - District Court of Arizona - Arizona

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA JAMES W. FIELD, Plaintiff, vs. BRAD WEEKLEY, et al., Defendants. No. CIV03-02214 PHX SRB JUDGMENT

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The matter of the Rule 50(a) Motion for Judgment as a Matter of Law on the issue of State action, filed by Defendants Arizona Public Service Company, Doug McDonald, and Donald Wilson, having come before the Court, and having viewed the evidence and all reasonable inferences in a light most favorable to the Plaintiff, this Court finds that Plaintiff has been fully heard on this issue and based upon the evidence submitted by Plaintiff in his case in chief, there is no legally sufficient evidentiary basis from which a reasonable jury could conclude that APS, Doug McDonald, or Donald Wilson engaged in State action; and, thus, without State action, there can be no liability under 42 U.S.C. § 1983; therefore,

Case 2:03-cv-02214-SRB

Document 241-2

Filed 06/28/2006

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IT IS ORDERED AND ADJUDGED that pursuant to Rule 54(b), Federal Rules of Civil Procedure, the Court finds that there is no just reason for delay; therefore, IT IS ORDERED that judgment as a matter of law is granted in favor of APS, Doug McDonald, and Donald Wilson, and the claims against these defendants are dismissed with prejudice. IT IS FURTHER ORDERED granting taxable costs in the amount of $426.94 to APS, Doug McDonald, and Donald Wilson.

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