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CAPONE v. MARINELLI

No. 88-1539.

868 F.2d 102 (1989)

CAPONE, Umberto v. MARINELLI, Detective Robert and Volpe, John, individually and in his official capacity Chief of Police of Plymouth Township, individually and in his official capacity and O'Neill, Corporal Rodney M. and Bambi, William, individually and in his official capacity, Chief of Police of Norristown, individually and in his official capacity v. CAPONE, Laura Hargrove. Appeal of Corporal Rodney M. O'NEILL and Chief William Bambi, Appellants.

United States Court of Appeals, Third Circuit.

Decided February 23, 1989.

Attorney(s) appearing for the Case

M. Kelly Tillery (argued), Francis M. Chmielewski, Leonard, Tillery & Davison, Philadelphia, Pa., for appellants.

Philip L. Blackman (argued), A. Charles Peruto, Peruto, Ryan & Vitullo, Philadelphia, Pa., for appellee Umberto Capone.

Before HIGGINBOTHAM and MANSMANN, Circuit Judges, and DUMBAULD, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

The Appellants appeal from the district court's order denying them qualified immunity in a suit brought against them, as well as other defendants, pursuant to the Civil Rights Act of 1871, codified at 42 U.S.C. § 1983 (1982), for unlawful arrest and prosecution. The complaint also included pendent state law tort claims. Because we find that the Appellants reasonably relied upon a bulletin...

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