HYNSON v. CITY OF CHESTER LEGAL DEPT.

No. 88-1337.

864 F.2d 1026 (1988)

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 v. The CITY OF CHESTER, LEGAL DEPARTMENT and Captain A. Joseph Lastowka, Jr. and Officer Daniel Elder and Delaware County Prison Board of Inspectors and Scotfoam, Inc., a Subsidiary of General Felt Industries, Inc. and Allied Security, Inc. and Brock International Security Corp. and Delaware County Domestic Abuse Project Inc. and Wideman, Dolly L. and Delaware County Legal Assistance Association, Inc. and Noble, Suzanne, Esq. Appeal of LASTOWKA and Elder.

United States Court of Appeals, Third Circuit.

Decided December 23, 1988.


Attorney(s) appearing for the Case

Joseph Goldberg (argued), Margolis, Edelstein, Scherlis, Sarowitz & Kraemer, Philadelphia, Pa., for appellants.

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

Before HIGGINBOTHAM, MANSMANN, and GREENBERG, Circuit Judges.


OPINION OF THE COURT

MANSMANN, Circuit Judge.

At first blush, this appeal dealing with the denial of qualified immunity to defendant police officers for activity performed in the line of duty may appear to be but one of an unremarkable number of similar appeals. Instead, this case presents an issue exemplifying a growing trend of reliance on 42 U.S.C. § 1983 to bring an action against the police alleging that...

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