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GALLO v. CITY OF PHILADELPHIA

Nos. 98-1071, 98-1238.

161 F.3d 217 (1998)

James J. GALLO, Jr.; Rose Maria Gallo, Appellants v. CITY OF PHILADELPHIA; Renald Pelszynski, Lt., individually and in his official capacity; Joseph Rizzo, Individually; Mitchell S. Goldberg, Individually; Gerald J. Kufta, individually; Kufta Associates; Cozen & O'Connor; Pennsylvania Lumbermen's Mutual Insurance Company; Thomas J. Rooney, in his individual capacity; William J. Campbell, in his individual capacity

United States Court of Appeals, Third Circuit.

Decided November 23, 1998.

As Amended December 7, 1998.

Attorney(s) appearing for the Case

David Rudovsky (argued), Kairys, Rudovsky, Epstein, Messing & Rau, Philadelphia, PA, Franklin E. Fink, David Lockard & Assoc. P.C., Philadelphia, PA, for Appellants.

City of Philadelphia, Law Department, Stephanie L. Franklin-Suber, City Solicitor, Marcia Berman (argued), Assistant City Solicitor, Appeals Unit, Philadelphia, PA, for Appellees Lt. Renald Pelszynski and City of Philadelphia.

Michael R. Stiles, United States Attorney, Joan K. Garner (argued), Deputy Chief, Civil Division, Assistant United States Attorney, Philadelphia, PA, for Appellees Thomas J. Rooney and William J. Campbell.

BEFORE: GREENBERG, NYGAARD, and NOONAN, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

After a jury acquitted him of charges that he deliberately had set fire to his business in Philadelphia, James Gallo brought suit under 42 U.S.C. § 1983 and Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), against the City of Philadelphia and the municipal and federal...

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