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Sunday, August 02, 2020

Christopher J. Gramiccioni v. Department of Law and Public Safety (083198)(Statewide) (A-21-19;

All claims related to the MCPO defendants’ acts or alleged omissions associated with duties imposed by the Directive constitute state prosecutorial functions. The Department’s parsing of the pleadings in this matter led to crabbed determinations about the scope of law enforcement activity that are inconsistent with the letter and purpose of Wright. The Court finds the Department’s four determinations -- which reflect shifting and conflicting positions -- to be arbitrary and unreasonable.