AITCHISON v. RAFFIANI

No. 82-5380.

708 F.2d 96 (1983)

Archie W. AITCHISON, Appellant, v. Louis RAFFIANI, individually and in his capacity as Mayor of the Borough of Fair Lawn; Florence Dobrow, individually and in her capacity as Deputy Mayor and Councilwoman of the Borough of Fair Lawn; Bernard Hersh, individually and as Councilman of the Borough of Fair Lawn; Irving Bienstock, individually and as Councilman of the Borough of Fair Lawn; Henry Shapiro, individually and as Councilman of the Borough of Fair Lawn; Frank Peruggi, individually and in his capacity as Manager of the Borough of Fair Lawn; Jack Ballan, individually and in his capacity as Borough Attorney of the Borough of Fair Lawn; and the Borough of Fair Lawn, a municipal corporation of the State of New Jersey, Appellees. Florence DOBROW and Borough of Fair Lawn, Third-party Plaintiffs, v. FIREMAN'S FUND INSURANCE COMPANIES (AMERICAN INSURANCE COMPANY), Third-party Defendant. Louis RAFFIANI, individually and as Mayor of the Borough of Fair Lawn; Bernard Hersh, individually and as Councilman of the Borough of Fair Lawn; Irving Bienstock, individually and as Councilman of the Borough of Fair Lawn; Henry Shapiro, individually and as Councilman of the Borough of Fair Lawn; and Frank Peruggi, individually and as Borough Manager of the Borough of Fair Lawn; and Jack Ballan, individually, Third-party Plaintiffs v. FIREMAN'S FUND INSURANCE COMPANIES (AMERICAN INSURANCE COMPANY), Third-party Defendant.

United States Court of Appeals, Third Circuit.

Decided May 13, 1983.


Attorney(s) appearing for the Case

Robert F. Gallo, Douglas C. Willer, Oakland, N.J., for appellant.

Jerome M. Lane, Hackensack, N.J., for All appellees except Jack Ballan.

Donald R. Conway, Hackensack, N.J., for Florence Dobrow.

Jack Ballan, pro se.

Before HUNTER, WEIS and BECKER, Circuit Judge.


Submitted Under Third Circuit Rule 12(6) March 1, 1983.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this suit for damages under the Civil Rights Act of 1871, 42 U.S.C. §§ 1983 and 1985(3), we hold that the members of a borough council, the mayor, and the borough attorney are entitled to absolute immunity for acts done in a legislative capacity. We also conclude that in a suit of this nature brought against a municipality and its office...

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