the court grants defendant’s motion for summary judgment. (D.I.51). An appropriate order shall issue. ORDER At Wilmington this 11th day of March, 2008, consistent with the memorandum opinion issued this same date; IT IS HEREBY ORDERED that defendant’s motion for summary judgment (D.I.59) is granted. The Clerk of Court is directed to enter judgment in favor of defendant and against plaintiff. 1 .“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or c iff is not entitled to nominal or punitive damages. In addition, defendant is entitled to summary judgment based on qualified immunity because he did not violate a constitutional right. See Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001)
recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights holding right to testify was federal constitutional right holding that the threshold inquiry assuming as true the facts alleged by the injured party is whether the officers conduct violated a constitutional right holding that in excessive force cases the threshold question for the court is whether the officers conduct violated a clearly established constitutional right holding officers conduct must violate a constitutional right