PATZIG v. O'NEIL

No. 77-1190.

577 F.2d 841 (1978)

Marie PATZIG and Paul Patzig, Individually and as Trustees ad litem of the Estate of Annette Marie Patzig, Deceased, their daughter, Appellants, v. Joseph O'NEIL, Individually and as Commissioner of Police of the City of Philadelphia, James Heron, Individually and as Chief Inspector of the Bureau of Staff Services in the Police Department of the City of Philadelphia, Raymond Capper, Individually and as Inspector in charge of Records Division in the Police Department of the City of Philadelphia, Charles Marsden, Individually and as Captain of the Police Detention Unit at 8th and Race Streets, Philadelphia, Pennsylvania, William Philyaw, Individually and as Supervisor of the Police Detention Unit at 8th and Race Streets, Philadelphia, Pennsylvania, Frank Lemmo, Kenneth Moroni and Officer Veneziano, Individually and as police officers in the Police Department of the City of Philadelphia, Jean Pohl, Lillian Rudolph and Christine Grandy, Individually and as matrons of the Police Detention Unit at 8th and Race Streets, Philadelphia, Pennsylvania, John Doe # 1, Individually and as Supervisor of Police Detention Unit at 8th and Race Streets, Philadelphia, Pennsylvania, John Doe # 2 and John Doe # 3, Individually and as Operation Supervisors of the Police Detention Unit at 8th and Race Streets, Philadelphia, Pennsylvania, John Doe # 4 and John Doe # 5, Individually and as police officers in the Philadelphia Police Department of the City of Philadelphia, John Doe # 6, Individually and as turnkey at Police Detention Unit at 8th and Race Streets, Philadelphia, Pennsylvania, John Doe # 7, Individually and as Superintendent of the Central Cell, in the Police Detention Unit at 8th and Race Streets, Philadelphia, Pennsylvania, Jane Doe, Individually and as matron of the Police Detention Unit at 8th and Race Streets, Philadelphia, Pennsylvania and City of Philadelphia, a Municipal Corporation. (D.C. Civil Action No. 76-514) Paul PATZIG, Administrator c. t. a. of Estate of Annette M. Patzig, Deceased, Appellant, v. Joseph O'NEIL, Individually and as Commissioner of Police of the City of Philadelphia, James Heron, Individually and as Chief Inspector of the Bureau of Staff Services in the Police Department of the City of Philadelphia, Raymond Capper, Individually and as Inspector in charge of Records Division in the Police Department of the City of Philadelphia, Charles Marsden, Individually and as Captain of the Police Detention Unit at 8th and Race Streets, Philadelphia, Pennsylvania, William Philyaw, Individually and as Supervisor of the Police Detention Unit at 8th and Race Streets, Philadelphia, Pennsylvania, Frank Lemmo, Kenneth Moroni, Harry Freeland (Turnkey), and Officer Veneziano, Individually and as police officers in the Police Department of the City of Philadelphia, Jean Pohl, Lillian Rudolph and Christine Grandy, Individually and as matrons of the Police Detention Unit at 8th and Race Streets, Philadelphia, Pennsylvania, John Doe # 1, Individually and as Supervisor of Police Detention Unit at 8th and Race Streets, Philadelphia, Pennsylvania, John Doe # 2 and John Doe # 3, Individually and as Operation Supervisors of the Police Detention Unit at 8th and Race Streets, Philadelphia, Pennsylvania, John Doe # 4 and John Doe # 5, Individually and as police officers in the Philadelphia Police Department of the City of Philadelphia, John Doe # 6, Individually and as turnkey at Police Detention Unit at 8th and Race Streets, Philadelphia, Pennsylvania, John Doe # 7, Individually and as Superintendent of the Central Cell, in the Police Detention Unit at 8th and Race Streets, Philadelphia, Pennsylvania, Jane Doe, Individually and as a matron of the Police Detention Unit at 8th and Race Streets, Philadelphia, Pennsylvania and City of Philadelphia, a Municipal Corporation. (D.C. Civil Action No. 76-1287)

United States Court of Appeals, Third Circuit.

Decided April 17, 1978.


Attorney(s) appearing for the Case

Joseph P. Briglia, Philadelphia, Pa., for appellants.

Sheldon L. Albert, City Sol., James M. Moran, Deputy City Sol., James M. Penny, Jr., Ralph J. Teti, Asst. City Sols., Philadelphia, Pa., for appellees.

Before SEITZ, Chief Judge, GARTH, Circuit Judge, and BROTMAN, District Judge.


OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal involves various civil rights claims and pendent state law claims arising out of the arrest, custody and subsequent suicide of Annette Patzig. The district court granted the defendants' motion for a directed verdict at the end of the plaintiffs' case. We affirm as to all defendants except the City of Philadelphia. As to the City, we reverse, limiting our reversal solely to the Patzigs' false arrest claims...

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