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Lewis v. Blackburn

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


August 18, 2009

DONNELL LEWIS, PLAINTIFF,
v.
XAVIER BLACKBURN, DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

Now before the Court is Plaintiff's August 14, 2009 motion to strike Defendant's affirmative defense (Doc. 22). On August 18, 2009, Defendant filed a response concurring with the Plaintiff's motion to strike affirmative defense (Doc. 23). Defendant agrees that the affirmative defense of qualified immunity should be stricken and asks for leave to re-raise this affirmative defense should an issue or claim arise to which qualified immunity may apply. Based on the pleadings, the Court GRANTS Plaintiff's motion to strike. The Court STRIKES Defendant's affirmative defense of qualified immunity. Further, the Court ALLOWS Defendant leave to file a motion seeking leave to amend/add this affirmative defense, if necessary.

IT IS SO ORDERED.

Signed this 20th day of August, 2009.

David R Herdo Chief Judge United States District Court

20090818

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