FRATERNAL ORDER OF POLICE, LODGE 5 v. PHILADELPHIA

No. 86-1407.

812 F.2d 105 (1987)

FRATERNAL ORDER OF POLICE, LODGE NO. 5, Robert S. Hurst, individually as resident and taxpayer of the City of Philadelphia and in his capacity as President of Fraternal Order of Police, Lodge No. 5, John Doe, Police Officer, individually and in his capacity as a uniformed, sworn Civil Service Employee of the Philadelphia Police Department assigned to the Major Investigations Division, Ethics and Accountability Division and International Affairs Division of the Philadelphia Police Department, Jane Doe, individually as the spouse of Police Officer, John Doe v. CITY OF PHILADELPHIA, Kevin M. Tucker, individually and in his capacity as Police Commissioner Philadelphia Police Department, Robert Mitchell, individually and in his capacity as Police Inspector and Commander, Special Investigations Bureau Philadelphia Police Department, and Edward McLaughlin, individually and in his capacity as Police Inspector and Commander, Internal Affairs Division Philadelphia Police Department. Appeal of CITY OF PHILADELPHIA, Kevin M. Tucker, Robert Mitchell and Edward McLaughlin, Appellants.

United States Court of Appeals, Third Circuit.

Decided February 17, 1987.


Attorney(s) appearing for the Case

Ralph J. Teti (argued), Maureen E. Laflin, City of Philadelphia, Law Dept., Philadelphia, Pa., for appellant.

Anthony J. Molloy, Jr. (argued), Robert B. Mozenter, Michael S. Durst, Mozenter, Molloy & Durst, Philadelphia, Pa., for appellee.

James D. Crawford, Steven J. Fram, of counsel, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for amicus curiae American Civil Liberties Union of Pa.

Before SLOVITER, STAPLETON, Circuit Judges, and FARNAN, District Judge


OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Issue

The Fraternal Order of Police (FOP) has raised constitutional challenges to a questionnaire promulgated by the Philadelphia Police Department for use in selecting applicants to its Special Investigations Unit (SIU). The district court held that portions of the questionnaire seeking information concerning applicants' medical history, gambling habits and alcohol consumption,...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases