First Day in Federal Court

The "real" CVFAS, Inc. had its first day in Federal Court and got mixed results. The judge did not let us go back in service immediately, nor did he grant the borough's motion to dismiss. At this point our case is still in federal court, and we hope that it remains there; the judge obviously was bothered by some of the facts, specifically that the police forced resignations from Squad members. He agreed that a $1000 gift was not a crime, he directed that the defendants return our financial records, and he has given us an opportunity to put more facts and law into the record to flesh out our case.

Here is how our lawyers put it:

“Yesterday, Judge Dickinson Debevoise, a United States District Court judge in Federal Court in Newark, heard the Squad's motion for a preliminary injunction. After having reviewed extensive papers submitted by the parties, and hearing two hours of oral argument, the judge ultimately denied the Squad's request for injunctive relief. He ruled that the Squad was unlikely to prevail on the merits of its federal court claims due to legislative immunity, which cloaks the Borough and Council in immunity from claims even if their actions were not appropriate. Thus, even if the Squad's federal claims have merit, the judge determined that the Borough and Council's immunity protects them from suit.
The judge declined to hear the defendants' motion to dismiss, instead converting it to a motion for summary judgment. In a motion for summary judgment, a court determines whether there are any relevant factual disputes between the parties; if there are significant factual issues remaining, the summary judgment motion is denied and the case continues through discovery and trial. Additionally, the judge can rule on purely legal issues that do not require further factual development through discovery. He asked that the parties submit to the Court any additional information necessary to decide the remaining motion for summary judgment, within two weeks. “