CLARK v. CLABAUGH

No. 93-7471.

20 F.3d 1290 (1994)

Angel CLARK; Melvin Thomas; Frederick Anderson; Mary Roe; Jamie Luby, by her next friend Christine M. Luby; Tashiana Elliott, by her next friend, Barbara J. Elliott; Duane Cuthrell; Alfred Colon; Jane Doe; Lynette Chronister, by her next friend Karen Burgess; Lisa Becker; Jeff Dixon; Titus Clark; Sherry Stuffle; Charles Kennedy, II v. Joseph CLABAUGH, Sergeant; Douglas Riley, Sergeant; Randy Whitson, Sergeant; Devis Leese, Sergeant; Ken Smith, Officer; Dwayne Smith, Officer; David Zumbrum, Officer; Wayne Martin, Officer; Officer Bigham; Officer Hess; J.D. Roser, Officer; Hanover Police Department; County of York; Carl Boyer, Conewago Township Police Department; Randy Chronister; Scott Leese; Daniel Messinger; Jeffrey Parks; James Swartz; Jeffrey Trish; Donald Wilson; James Winebrenner, All Individual defendants are sued individually only, Angel Clark, Melvin Thomas, Frederick Anderson, "Mary Roe", Jamie Luby, Tashiana Elliott, Duane Cuthrell, Alfred Colon, "Jane Doe", Lynette Chronister, Lisa Becker, Jeff Dixon, Titus Clark, Sherry Stuffle; Charles Kennedy, II, Appellants.

United States Court of Appeals, Third Circuit.

Decided April 8, 1994.


Attorney(s) appearing for the Case

Stefan Preser, Philadelphia, PA, Richard Gutman (Argued), Carlisle, PA, for appellants.

John C. Dowling (Argued), David B. Dowling, Rhoads & Sinon, Harrisburg, PA, for appellees.

Before: MANSMANN, NYGAARD and SEITZ, Circuit Judges.


OPINION OF THE COURT

MANSMANN, Circuit Judge.

A racial riot in Hanover, Pennsylvania, during the summer of 1991 provides the setting for this appeal by the members of an interracial youth group who claimed numerous violations of their civil rights by public officials when the members were attacked by white "bikers" and townspeople. The district court granted summary judgment in favor of the Borough of Hanover, Mayor W. Roy Attlesberger, Chief of Police Gerald...

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