Defendants Motion for Partial Reconsideration

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA


     William Thomas, et. al.       |          C.A. No. 94-2742
           Plaintiffs pro se,      |          Judge Charles R. Richey
                                   |
               v.                  |
                                   |
     The United States, et. al.    |
           Defendants.             |

DEFENDANTS' MOTION FOR PARTIAL RECONSIDERATION OF COURT'S
APRIL 12, 1995 ORDER DENYING QUALIFIED IMMUNITY ON
PLAINTIFFS' CLAIMS REGARDING REMOVAL OF FLAGS

Defendants, by and through the undersigned counsel, respectfully request the Court to reconsider the portion of its April 12, 1995 Order denying the qualified immunity to defendants O'Neill and Keness plaintiffs' claims regarding removal of two flags. See Complaint 10-18, and Order filed April 12, 1995 (R. 72), at p.2. Defendants so move on the grounds that careful review of the undisputed facts of record and the applicable law, it is clear that these defendants did not act in violation of any clearly established rights of plaintiffs in requiring them to remove the flags at issue, and are therefore entitled to qualified immunity.

In further support of their motion, defendants incorporate by reference their Memorandum of Points and Authorities in Support of Defendants' Motion for Reconsideration and in Support of

1

Defendants' Motion to Dismiss or for Summary Judgment.[1]

Respectfully Submitted,

__________________________________
ERIC H. HOLDER, Jr. DC Bar #303115
United States Attorney

__________________________________
KIMBERLY N. TARVER, DC Bar #422869
Assistant United States Attorney


CERTIFICATE OF SERVICE

I HEREBY CERTIFY this 15th day of May 1995, that service of the foregoing. DEFENDANTS' MOTION FOR PARTIAL RECONSIDERATION OF COURT'S APRIL 12, 1995 ORDER DENYING QUALIFIED IMMUNITY ON PLAINTIFFS' CLAIMS REGARDING REMOVAL OF FLAGS was made by sending copies thereof by first class mail, postage prepaid, to:

William Thomas
Apartment B
2817 llth Street, N.W.
Washington, D.C. 20001

KIMBERLY N. TARVER
Assistant United States Attorney
Judiciary Center Building
555 4th Street, N.W., Rm 10-106
Washington, D.C. 20001
202-514-7141


[1 Defendants also file on this date a Motion to Dismiss the Complaint, or in the Alternative, for Summary Judgment.]