PI LAMBDA PHI FRAT. v. UNIVERSITY OF PITTSBURGH

No. 99-3685.

229 F.3d 435 (2000)

PI LAMBDA PHI FRATERNITY, INC., a corporation with its principal place of business in Connecticut; Pa Gamma Sigma Chapter of Pi Lambda Phi Fraternity, an unincorporated association of individuals; Pa Gamma Sigma Alumni Chapter of Pi Lambda Phi Fraternity; Brad Zulick; Chad Crisp; Joshua Lang, individuals, who are members of the Pa Gamma Sigma Chapter of Pi Lambda Phi Fraternity; Kevin Armour; Jon Miller, individuals who desire to join Pi Lambda Phi Fraternity, Appellants, v. UNIVERSITY OF PITTSBURGH; Mark Nordenberg, individually and in his capacity as the Chancellor of the University of Pittsburgh; Robert Gallagher, individually and in his capacity as the interim Vice-Chancellor for Student Affairs of the University of Pittsburgh; Dennis Donham, individually and in his capacity as Assistant Vice-Chancellor for Student Affairs of the University of Pittsburgh; Leon Haley, former Vice-Chancellor for Student Affairs of the University of Pittsburgh; Dan Cohen, individually and in his capacity as a Pittsburgh City Council member; City of Pittsburgh; Eloise Hirsh, individually and in her capacity as director of Planning of the City of Pittsburgh.

United States Court of Appeals, Third Circuit.

Filed October 25, 2000.

As Amended November 29, 2000.


Attorney(s) appearing for the Case

Edward A. Olds, ESQUIRE (Argued), 1007 Mount Royal Boulevard Pittsburgh, PA 15223, Counsel for Appellants.

Susan L. Wormer, ESQUIRE (Argued) MARK NORDENBERG, ESQUIRE ROBERT GALLAGHER, ESQUIRE DENNIS DONHAM, ESQUIRE LEON HALEY, ESQUIRE University of Pittsburgh, Office of General Counsel 3200 Cathedral of Learning Pittsburgh, PA 15260, Counsel for Appellees.

John J. Barrett, Jr., Esquire Saul, Ewing, Remick & Saul, LLP, Centre Square West 1500 Market Street, 38th Floor Philadelphia, PA 19102-2186, Counsel for Amicus Curiae North American Interfraternity Conference.

Before: BECKER, Chief Judge, SLOVITER, and ROSENN, Circuit Judges.


OPINION OF THE COURT

BECKER, Chief Judge.

The University of Pittsburgh chapter of the Pi Lambda Phi fraternity (the Chapter), believing that its members' constitutional rights of freedom of association were violated by disciplinary action taken against it by the University of Pittsburgh (the University), brought suit in the District Court against the University, the City of Pittsburgh, and various individual defendants. The disciplinary action in question...

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