HYNSON BY AND THROUGH HYNSON v. CITY OF CHESTER

No. 86-1687.

827 F.2d 932 (1987)

HYNSON, Jalee, a Minor, By and Through Her Grandparent and Guardian, HYNSON, Jeffrie and Hynson, Charzell, a Minor, By and Through his Grandparent and Guardian, Hynson, Jeffrie, and Hynson, Jeffrie, Administratrix of the Estate of Hynson, Alesia, Deceased, on Behalf of the Estate of Hynson, Alesia and Hynson, Jeffrie, in her own right, Appellees, v. The CITY OF CHESTER and Lastowka, Captain A. Joseph, Jr., Chess, Sergeant Albert F. Edler, Officer Daniel, Willis, Mallie Corporal and John Doe, Officers/Members of the Chester Police Department and the Borough of Eddystone and the Eddystone Police Department and Delaware County Prison and Matty, Kenneth, as Prison Warden of Delaware County Pennsylvania and Scott Foam, Inc., a Subsidiary of General Felt Industries, Inc. and Scott Paper Company and Allied Security, Inc. and Brock International Security Corp. and the South Media Citizen's Club and Delaware County Domestic Abuse Project, Inc. and Wideman, Dolly, L. Appeal of DELAWARE COUNTY PRISON BOARD OF INSPECTORS and Kenneth Matty, Appellants.

United States Court of Appeals, Third Circuit.

Decided September 2, 1987.

Rehearing and Rehearing Denied October 1, 1987.


Attorney(s) appearing for the Case

Arthur Terry Daly (argued), A. Terry Daly, Ltd., Philadelphia, Pa., for appellees.

Christine M. Mooney, Charles W. Craven (argued), Robert G. Hanna, Jr., Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, Pa., for appellants.

Before SEITZ, MANSMANN, Circuit Judges, and DEBEVOISE, District Judge.


Rehearing and Rehearing En Banc Denied October 1, 1987.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Appellants Delaware County Prison Board of Inspectors and Warden Kenneth Matty appeal from the order of the district court denying their motion for summary judgment in a § 1983 suit. Because Appellants assert the defense of qualified immunity, the order denying their motion is an appealable "final decision." See Mitchell v. Forsyth,

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