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COLBURN v. UPPER DARBY TP.

No. 86-1675.

838 F.2d 663 (1988)

Sue Ann COLBURN, Administratrix of the Estate of Melinda Lee Stierheim, Deceased, Appellant, v. UPPER DARBY TOWNSHIP, Upper Darby Township Police Department, Diane Miller, Individually and as Police Officer-Matron of Upper Darby Township, Martin Kerns, Individually and as Police Commissioner of Upper Darby Township, and James J. Ward, Individually and as Mayor of Upper Darby Township.

United States Court of Appeals, Third Circuit.

Decided January 26, 1988.

Opinion on Denial of Rehearing and Rehearing February 22, 1988.

Attorney(s) appearing for the Case

Joseph R. Pozzuolo, Gary Perkiss (argued), Pozzuolo & Perkiss, Philadelphia, Pa., for appellant.

William F. Holsten, Holsten & White, Media, Pa., for appellees Upper Darby Tp. and James J. Ward, Individually and as Mayor of Upper Darby Tp.

Dean F. Murtagh (argued), German, Gallagher & Murtagh, Philadelphia, Pa., for all appellees.

Before SLOVITER, BECKER and GARTH, Circuit Judges.

Opinion on Denial of Rehearing and Rehearing En Banc February 22, 1988.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Issue

This action was filed under 42 U.S.C. § 1983 alleging that the suicide of decedent by a self-inflicted gun wound while she was detained in police custody apparently for public drunkenness was a result of constitutional violations by the officials responsible for her custody and the municipality...

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