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KELLY v. BOROUGH OF CARLISLE

No. 09-2644.

622 F.3d 248 (2010)

Brian D. KELLY, Appellant v. BOROUGH OF CARLISLE; David J. Rogers, individually and as a police officer for the Carlisle Borough Police Department.

United States Court of Appeals, Third Circuit.

Filed: October 4, 2010.

Attorney(s) appearing for the Case

Dennis E. Boyle [Argued], Randall L. Wenger , Boyle, Neblett & Wenger, Camp Hill, PA, Attorneys for Appellant.

David J. MacMain [Argued], Timothy J. Kepner , Scot R. Withers , Lamb McErlane , West Chester , PA, Attorneys for Appellees.

Nancy Winkelman [Argued], Schnader Harrison Segal & Lewis, Philadelphia, PA, Attorney for Amicus Appellant.

Before: Chief Judge McKEE, HARDIMAN, Circuit Judges and POLLAK, District Judge.

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

Brian Kelly appeals the District Court's summary judgment in favor of police officer David Rogers and the Borough of Carlisle. Kelly filed a civil rights action, claiming that his First and Fourth Amendment rights were violated when he was arrested for filming Officer Rogers during a traffic stop. The gravamen of Kelly's appeal—that the District Court erred when it held that Officer Rogers's reliance upon...

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