TROSTER v. PENNSYLVANIA STATE DEPT. OF CORRECTIONS

No. 94-3162.

65 F.3d 1086 (1995)

Dieter H.M. TROSTER v. PENNSYLVANIA STATE DEPARTMENT OF CORRECTIONS; Joseph D. Lehman, Commissioner; Frederick Rosemeyer, Superintendent Dieter Troster, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 13, 1995.


Attorney(s) appearing for the Case

Bruce V. Hicks (argued), John H. Bingler, Thorp, Reed & Armstrong, Pittsburgh, PA, Witold J. Walczak, American Civil Liberties Union, Pittsburgh, PA, for appellant.

Ernest D. Preate, Jr., Attorney General, Thomas F. Halloran, Jr. (argued), Gloria A. Tischuk, Calvin R. Koons, John G. Knorr, III, Office of Attorney General of Pennsylvania, Pittsburgh, PA, for appellees.

Before: BECKER, COWEN, Circuit Judges, and GARTH, Senior Circuit Judge.


OPINION OF THE COURT

BECKER, Circuit Judge.

Appellant Dieter Troster, an employee of the State Correctional Institution at Greensburg, Pennsylvania ("SCI"), is in danger of losing his job as a corrections officer because, as a matter of principle, he refuses to wear an American flag patch on his uniform as required by departmental regulations. He filed suit in the District Court for the Western District of Pennsylvania against the Pennsylvania State Department...

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