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GIBSON v. SUPER., NJ DEPT., LAW AND PUBLIC SAFETY

No. 04-1847.

411 F.3d 427 (2005)

Emory E. GIBSON, Jr. Appellant v. SUPERINTENDENT OF NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY-DIVISION OF STATE POLICE; New Jersey Turnpike Authority; Sean Reilly; J.W. Pennypacker; Peter Verniero; Ronald Susswein; John Fahy; George Rover; John Does 1-10; Treasurer State of New Jersey

United States Court of Appeals, Third Circuit.

Filed: June 14, 2005.

Attorney(s) appearing for the Case

David Rudovsky (Argued), Kairys, Rudovsky, Epstein & Messing, Philadelphia, PA, William H. Buckman, Moorestown, NJ, Counsel for Appellant.

James H. Martin (Argued), Peter C. Harvey, Attorney General of New Jersey, Patrick DeAlmeida, Assistant Attorney General — Of Counsel, Robert P. Shane, Deputy Attorney General, Richard J. Hughes Justice Complex, Trenton, NJ, Counsel for Appellees Verniero, Susswein, Fahy, Rover, Pennypacker and Reilly.

John F. Hipp, Spadoro & Hilson, Woodbridge, NJ, Counsel for Appellee New Jersey Turnpike.

Before: BARRY, FUENTES, and VAN ANTWERPEN, Circuit Judges.

Judge VAN ANTWERPEN writes the opinion of the Court with respect to Parts I, II, III.B-D, and IV.

FUENTES, Circuit Judge, with whom BARRY, Circuit Judge, joins, writes the opinion of the Court with respect to Part III.A, from which Judge VAN ANTWERPEN dissents.

OPINION1

VAN ANTWERPEN, Circuit Judge.

Emory Gibson, Jr. appeals from two orders of the District Court which effectively dismissed his § 1983 action...

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