HAMPTON v. BOROUGH OF TINTON FALLS POLICE DEPT.

No. 95-5762.

98 F.3d 107 (1996)

Preston HAMPTON; Carl Bowles, Appellants, v. BOROUGH OF TINTON FALLS POLICE DEPARTMENT; Ann Y. McNamara, Mayor, Individually and acting under color of State Law; Richard Brandstetter, Councilman, Individually and acting under Color of State Law; Robert Gagliano, Councilman, Individually and acting under Color of State Law; Richard Maher, Councilman, Individually and acting under Color of State Law; Lynn Robinson, Councilwoman, Individually and acting under Color of State Law; Gabe Tornillo, Councilman, Individually and acting under Color of State Law, and in his Capacity as a Member of the Promotional Review Board; Anthony Muscillo, Individually and acting under Color of State Law in his Capacity as Borough Administrator, Public Safety Director and Member of the Promotional Review Board and Oral Interview Board; LaDean White, Individually and acting under Color of State Law, and in his Capacity as Captain of Police and Member of the Promotional Review Board; Pasquale Menna, Individually and acting under Color of State Law in his capacity as Borough Prosecutor and Member of the Promotional Review Board; Lou Napolitano, Individually and acting under Color of State Law in his Capacity as Member of the Oral Review Board; Joseph Torchia, Individually and acting under Color of State Law as a Member of the Oral Review Board; John Does, (1-100); Jane Does, (1-100); David Gonzalez.

United States Court of Appeals, Third Circuit.

Decided October 18, 1996.


Attorney(s) appearing for the Case

Gregory S. Schaer, Linda B. Kenney (argued), Law Offices of Linda B. Kenney, Red Bank, NJ, for Appellants.

Robert T. Clarke (argued), Sharon P. Margello, Apruzzese, McDermott, Mastro & Murphy, P.C., Liberty Corner, NJ, for Appellees.

Before NYGAARD, LEWIS and McKEE, Circuit Judges.


OPINION OF THE COURT

McKEE, Circuit Judge.

Preston Hampton and Carl Bowles appeal from the district court's grant of summary judgment in favor of all defendants on all claims that plaintiffs brought against the Borough of Tinton Falls New Jersey, the Tinton Falls Police Department and numerous governing officials of that borough. Hampton, who is Black, is a Detective Sergeant with the Tinton Falls Police Department;

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