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PITRONE v. MERCADANTE

No. 76-2593.

572 F.2d 98 (1978)

John David PITRONE, Appellant, v. Police Officer Louis J. MERCADANTE, Police Officer Thomas McMann, Police Captain Rowen Kelley, Warminster Township, Pennsylvania, Appellees.

United States Court of Appeals, Third Circuit.

Decided February 21, 1978.

Attorney(s) appearing for the Case

David Rudovsky, Kairys, Rudovsky & Maguigan, Philadelphia, Pa., National Emergency Civil Liberties Committee, Philadelphia, Pa., for appellant.

Peter P. Liebert, III, Mark D. Turetsky, Liebert, Short, Fitzpatrick & Lavin, Philadelphia, Pa., Elliot M. Drexler, Warminster, Pa., for appellees.

Ralph J. Teti, Asst. City Sol., James M. Penny, Asst. City Sol., James M. Moran, Deputy City Sol., Sheldon L. Albert, City Sol., Philadelphia, Pa., for amicus curiae, City of Philadelphia.

Before SEITZ, Chief Judge and GIBBONS and WEIS, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

This is an appeal from a district court determination that a federal cause of action against a municipality may not be implied from the Fourteenth Amendment. The court also refused to hear the plaintiff's pendent state law claims against the municipality, believing that the decision of the Supreme Court in Aldinger v. Howard, 427 U.S. 1, 96 S.Ct. 2413, 49 L.Ed.2d 276 (1976), prevented...

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