TALBERT v. KELLY

No. 85-5810.

799 F.2d 62 (1986)

Alan TALBERT and Fred Clayton, Jr. v. Robert KELLY, Individually and as a Police Officer of the City of Newark, Angelo Digeralomo, Individually and as a Police Officer of the City of Newark, L.P. McGee, Individually and as a Police Officer of the City of Newark, Michael Stackhaus, Individually and as an employee of the City of Newark, Jane and John Doe, Individually and in their capacity as Police Officers or Employees of the City of Newark, Hugh B. Gallagher, Individually and as Assistant Corporation Counsel for the City of Newark, et al. Appeal of CITY OF NEWARK.

United States Court of Appeals, Third Circuit.

Decided August 25, 1986.


Attorney(s) appearing for the Case

Kathleen C. Goger (argued), Michael Dougherty, Rosalind Lubetsky Bressler, Newark, N.J., for appellant.

Charles P. Cohen (argued), Neil G. Markowitz, Cohen, Markowitz & Garson, Verona, N.J., for appellees.

Before ADAMS, WEIS and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

After their arrest for a misdemeanor, plaintiffs were held in jail for four days by the defendant city police. The district court determined that the plaintiffs' constitutional rights had been violated by this prolonged detention and that the city was estopped to deny liability because it had failed to identify the individuals responsible. In addition, the court found that the city had adopted an unconstitutional...

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