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UNITED STATES v. CITY OF PHILADELPHIA

No. 80-1348.

644 F.2d 187 (1980)

UNITED STATES of America, Appellant v. CITY OF PHILADELPHIA; William J. Green, Mayor of Philadelphia; W. Wilson Goode, Managing Director; Marvin E. Aronson, M.D., Medical Examiner; G. Edward DeSeve, Director of Finance; Morton B. Solomon, Police Commissioner; William Devlin, Deputy Police Commissioner; Donald Gravatt, Deputy Police Commissioner; Robert Armstrong, Chief Inspector, Philadelphia Police Department (Internal Affairs Bureau); Gregore Sambor, Chief Inspector, Philadelphia Police Department (Training Bureau); Frank A. Scafidi, Chief Inspector, Philadelphia Police Department (Detective Bureau Headquarters Units); successor to position of Chief Inspector, Philadelphia Police Department (Detective Bureau Field Offices); successor to position of Chief Inspector, Philadelphia Police Department (Staff Services Bureau); Robert Wolfinger, Chief Inspector, Philadelphia Police Department (Command Inspector); successor to functions of Chief Inspector, Philadelphia Police Department (Patrol Bureau South); successor to position of Chief Inspector, Philadelphia Police Department (Command Inspector); John Craig, Chief Inspector, Philadelphia Police Department (Patrol Bureau North); John McHugh, Chief Inspector, Philadelphia Police Department (Special Patrol Bureau); Francis X. O'Shea, Chief Inspector, Philadelphia Police Department (Community Relations Bureau); David Cordivari, Captain of the Philadelphia Police Department; David Owens, Superintendent of Prisons.

United States Court of Appeals, Third Circuit.

Decided December 29, 1980.

Opinion Sur Denial of Petition for Rehearing February 19, 1981.

Attorney(s) appearing for the Case

Peter F. Vaira, Jr., U. S. Atty., Drew S. Days, III, Asst. Atty. Gen. (argued), Brian K. Landsberg, David B. Marblestone, Martha A. Fleetwood, T. Alexander Aleinikoff, Attys., Dept. of Justice, Washington, D. C., for appellant, U. S.

Alan J. Davis, City Sol. (argued), Mark A. Aronchick, Judith N. Dean, Deputy City Sol., Ralph J. Teti, Barbara Axelrod, Philadelphia, Pa., for appellees.

Daniel J. Popeo, Paul D. Kamenar, Washington Legal Foundation, Washington, D. C., Stephen J. Zivic, Orie & Zivic, Pittsburgh, Pa., for amicus curiae, Washington Legal Foundation.

Before ALDISERT, VAN DUSEN and GARTH, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The primary question in this appeal is whether the United States has implied authority to sue a city and its officials for an injunction against violations of the fourteenth amendment rights of individuals. The government argues that both the criminal provisions of the Civil Rights Acts of 1866 and 1870, 18 U.S.C. §§ 242 and 241, and the fourteenth amendment itself give rise to an implied right of action...

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