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COPELAND v. PHILADELPHIA POLICE DEPT.

No. 87-1256.

840 F.2d 1139 (1988)

James B. COPELAND, Appellant v. The PHILADELPHIA POLICE DEPARTMENT, and Kevin Tucker, sued in his official capacity as Police Commissioner for the City of Philadelphia, and William Reed, sued in his official capacity as Staff Inspector for the Internal Affairs Bureau of the Philadelphia Police Department.

United States Court of Appeals, Third Circuit.

Decided March 7, 1988.

Rehearing Denied April 5, 1988.

Attorney(s) appearing for the Case

Andrew F. Erba (argued), Loralyn McKinley, Philadelphia, Pa., for appellant.

Susan Shinkman (argued), Divisional Deputy City Sol., Philadelphia, Pa., for appellees.

Richard K. Willard, Asst. Atty. Gen., Edward S.G. Dennis, Jr., U.S. Atty., Leonard Schaitman, Robert V. Zener, Attys., Appellate Staff, Civil Div., Dept. of Justice, Washington, D.C., for amicus curiae U.S.

Before SEITZ, HUTCHINSON and ALDISERT, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Appellant James Copeland appeals from the order of the district court granting summary judgment to defendants on all of Copeland's federal claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 (1982).

I.

We proceed to narrate the undisputed facts of record. In March 1985, Copeland, a Philadelphia policeman, had been found to be off his...

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