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LOSCH v. BOROUGH OF PARKESBURG, PA.

No. 83-1549.

736 F.2d 903 (1984)

Frank A. LOSCH, Appellant, v. BOROUGH OF PARKESBURG, PENNSYLVANIA; Lester J. Thomas, individually and as Chief of Police of the Borough of Parkesburg, Pennsylvania, and Andrew H. Wilson, III, individually and as a Patrolman for the Borough of Parkesburg, Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided June 14, 1984.

Attorney(s) appearing for the Case

Justin J. McCarthy (argued), Dennis D. Brogan, Wusinich & McCarthy, West Chester, Pa., for appellant.

John Churchman Smith (argued), Gibbons, Buckley, Smith, Palmer & Proud, P.C., Media, Pa., for appellees.

Before ADAMS and SLOVITER, Circuit Judges, and TEITELBAUM, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This is an appeal from a grant of summary judgment for the defendants in an action brought under 42 U.S.C. § 1983. The appellant claims that defendants violated his First, Fourth and Fourteenth Amendment rights by initiating criminal prosecution against him maliciously and without probable cause. The district court found that there was no genuine issue of fact regarding the defendants' motivation and that...

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