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LIVINGSTONE v. NORTH BELLE VERNON BOROUGH

No. 95-3252.

91 F.3d 515 (1996)

Frances E. LIVINGSTONE and Joseph A. Livingstone, her husband, Appellants, v. NORTH BELLE VERNON BOROUGH; Fayette City Borough; Washington Township; Frank E. Monack, Jr., individually and in his capacity as officer of Washington Township; Officer Raymond Moody, individually and in his capacity as officer for Fayette City Borough; Officer Darhl Snyder, individually and in his capacity as an officer for North Belle Vernon Borough.

United States Court of Appeals, Third Circuit.

Decided July 31, 1996.

As Amended August 14, 1996.

Attorney(s) appearing for the Case

Peter M. Suwak (argued), Washington, PA, for Appellants.

Thomas P. McGinnis, Dara A. DeCourcy (argued), Zimmer Kunz, P.C., Pittsburgh, PA, John W. Jordan, IV, Gaca, Matis & Hamilton, Pittsburgh, PA, for Borough of North Belle Vernon and Darhl Snyder.

Simon B. John, John & John, Uniontown, PA, for Borough of Fayette City and Raymond Moody.

Albert C. Gaudio, Monessen, PA, for Washington Township.

Timothy M. Maatta, Monessen, PA, Frank E. Monack, Jr.

Before: COWEN and SAROKIN, Circuit Judges and POLLAK, District Judge.

OPINION OF THE COURT

LOUIS H. POLLAK, District Judge.

This is the second time that this matter has come before this court.

Appellants Frances and Joseph Livingstone commenced this civil rights suit, pursuant to 42 U.S.C. § 1983, in January, 1991 against defendants North Belle Vernon Borough, Fayette City Borough, Washington Township, Officer Darhl Snyder, Officer Raymond Moody, and Officer Frank E. Monack. The defendants moved for summary judgment...

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