HILL v. BOROUGH OF KUTZTOWN

No. 05-1356.

455 F.3d 225 (2006)

Keith A. HILL, Appellant v. BOROUGH OF KUTZTOWN and Gennaro Marino, Mayor of Kutztown, in his individual and official capacity.

United States Court of Appeals, Third Circuit.

Filed July 26, 2006.


Attorney(s) appearing for the Case

William P. Murphy, Esq., (Argued), Murphy & Goldstein, P.C., Philadelphia, PA, for Appellant.

Timothy T. Myers, Esq., (Argued), Raymond J. Santarelli, Esq., John G. Dean, Esq., Elliott Greenleaf & Siedzikowski, P.C., Blue Bell, PA, Paul J. Dellasega, Esq., Thomas, Thomas & Hafer, Harrisburg, PA, for Appellee Gennaro Marino, Mayor of Kutztown.

Robyn F. McGrath, Esq., (Argued), Sweeney & Sheehan, P.C., Philadelphia, PA, Michael T. Sellers, Esq., Kardos, Rickles, Sellers & Hand, Newtown, PA, for Appellee Borough of Kutztown.

Before McKEE and GARTH, Circuit Judges, and LIFLAND, District Judge.


GARTH, Circuit Judge.

On this appeal we review whether the District Court erred when it dismissed Keith A. Hill's complaint charging Gennaro Marino (the former Mayor of the Borough of Kutztown), and the Borough itself, with violating his rights under the United States Constitution, federal and state statutes, and the common law of Pennsylvania. The District Court dismissed Hill's 6-count complaint in its entirety. We will affirm in part, and reverse in part.

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