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KNEIPP v. TEDDER

No. 95-2044.

95 F.3d 1199 (1996)

Samantha KNEIPP, an incompetent person by; Ronald A. Cusack, Sr.; Rosanne M. Cusack, Individually and as Guardians; Alexander August Dalmisano, a Minor, Appellants v. Wesley TEDDER, Individually and in his Official Capacity; John Doe and Others, Individually and in their official capacities; City of Philadelphia.

United States Court of Appeals, Third Circuit.

Decided September 18, 1996.

Attorney(s) appearing for the Case

Howard K. Trubman (argued), Philadelphia, PA, for Appellants.

Michael F. Eichert (argued), Chief Deputy City Solicitor Marie C. Lasota, Assistant City Solicitor Office of City Solicitor, Philadelphia, PA, for Appellees Tedder and City.

Before: BECKER and MANSMANN, Circuit Judges, and BROTMAN, District Judge.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In a civil rights complaint brought against the City of Philadelphia and certain police officers, the parents and legal guardians of Samantha Kneipp allege that late one January evening when Kneipp, in an obvious state of severe inebriation, was attempting to return on foot to her nearby apartment, the police officers stopped her and sent her on alone.

We hold that, if proven, the facts alleged will sustain...

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