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ANDERSON v. CITY OF PHILADELPHIA

No. 87-1546.

845 F.2d 1216 (1988)

ANDERSON, Keith, Michetti, Rita, McCarron, Stephen J., Naimoli, Robert R., Plower, Charles, Rascento, Frank and Turley, Lasonya D. on behalf of themselves and all others similarly situated v. The CITY OF PHILADELPHIA, Philadelphia Police Commissioner Tucker, Kevin and Superintendent of Prisons Owens, David, Jr., both in their individual and official capacities and the Commonwealth of Pennsylvania. Appeal of CITY OF PHILADELPHIA, Philadelphia Police Commissioner Kevin Tucker, and Superintendent of Prisons David Owens, Jr.

United States Court of Appeals, Third Circuit.

Decided May 2, 1988.

As Amended May 26, 1988.

Rehearing Denied May 31, 1988.

Attorney(s) appearing for the Case

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

David Kairys (argued), Adam Thurschwell, Kairys & Rudovsky, Philadelphia, Pa., for appellees.

Before SLOVITER, STAPLETON and MANSMANN, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This case brings before us the controversial subject of polygraph testing. The district court held the use of the polygraph for pre-employment screening by the police and correctional departments of the City of Philadelphia to be a violation of the due process and equal protection rights of the plaintiffs. 668 F.Supp. 441. Because we conclude that the polygraph requirement...

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