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HURLEY v. ATLANTIC CITY POLICE DEPT.

Nos. 96-5633, 96-5634, 96-5661 and 96-5738.

174 F.3d 95 (1999)

Sergeant Donna M. HURLEY; Patrick K. Hurley, husband and wife, v. The ATLANTIC CITY POLICE DEPARTMENT, a subdivision of the City of Atlantic City; Henry Madamba; Nicholas V. Rifice; John Mooney; John Does 1 through 50 inclusive, fictitious name defendants, jointly, severally, and in the alternative (Camden New Jersey District Civil No. 93-260). Sergeant Donna M. Hurley; Patrick K. Hurley, husband and wife, v. The Atlantic City Police Department, a subdivision of the City of Atlantic City; Henry Madamba; Nicholas V. Rifice; John Mooney; John Does 1 Through 50, inclusive, jointly, severally, and in the alternative (Camden, New Jersey District Civil No. 94-1122), Atlantic City Police Department, Appellant No. 96-5633. Sergeant Donna M. Hurley; Patrick K. Hurley, husband and wife, v. The Atlantic City Police Department, a subdivision of the City of Atlantic City; Henry Madamba; Nicholas V. Rifice; John Mooney; John Does 1 Through 50, inclusive, fictitious name defendants, jointly, severally, and in the alternative (Camden New Jersey District Civil No. 93-260). Sergeant Donna M. Hurley; Patrick K. Hurley, wife and husband v. The Atlantic City Police Department, a subdivision of the City of Atlantic City; Henry Madamba; Nicholas V. Rifice; John Mooney; John Does 1 Through 50, inclusive, jointly, severally, and in the alternative (Camden, New Jersey District Civil No. 94-1122), Henry Madamba, Appellant No. 96-5634. Sergeant Donna M. Hurley; Patrick K. Hurley, husband and wife, v. The Atlantic City Police Department, a subdivision of the City of Atlantic City; Henry Madamba; Nicholas V. Rifice; John Mooney; John Does 1 Through 50, inclusive, fictitious name defendants, jointly, severally, and in the alternative (Camden New Jersey District Civil No. 93-260). Sergeant Donna M. Hurley; Patrick K. Hurley, wife and husband v. The Atlantic City Police Department, a subdivision of the City of Atlantic City; Henry Madamba; Nicholas V. Rifice; John Mooney; John Does 1 Through 50, inclusive, jointly, severally, and in the alternative (Camden New Jersey District Civil No. 94-1122), Donna M. Hurley, and Patrick K. Hurley, Appellants No. 96-5661. Sergeant Donna M. Hurley; Patrick K. Hurley, husband and wife, v. The Atlantic City Police Department, a subdivision of the City of Atlantic City; Henry Madamba; Nicholas V. Rifice; John Mooney; John Does 1 Through 50, inclusive, fictitious name defendants, jointly, severally, and in the alternative (Camden New Jersey District Civil No. 93-260). Sergeant Donna M. Hurley; Patrick K. Hurley, wife and husband v. The Atlantic City Police Department, a subdivision of the City of Atlantic City; Henry Madamba; Nicholas V. Rifice; John Mooney; John Does 1 Through 50, inclusive, jointly, severally, and in the alternative (Camden, New Jersey District Civil No. 94-1122), Donna M. Hurley, and Patrick K. Hurley, Appellants No. 96-5738.

United States Court of Appeals, Third Circuit.

Reargued October 5, 1998.

Decided March 18, 1999.

As amended May 11, 1999.

Attorney(s) appearing for the Case

Clifford L. Van Syoc (Argued), Van Syoc Law Offices, Cherry Hill, New Jersey, for Plaintiffs-Appellees/Cross-Appellants.

Dennis M. Tuohy (Argued), Tuohy & Tuohy, Atlantic City, New Jersey, for Defendant-Appellant/Cross-Appellee, Atlantic City Police Department.

Mark Falk (Argued), Barry & McMoran, Newark, New Jersey, for Defendant-Appellant/Cross-Appellee, Henry Madamba.

Richard L. Goldstein (Argued), Marshall, Dennehey, Warner, Coleman & Goggin, Marlton, New Jersey, for Defendant/Cross-Appellee, Nicholas V. Rifice.

Thomas F. Bradley (Argued), Hankin, Sandson & Sandman, Atlantic City, New Jersey, for Defendant/Cross-Appellee, John J. Mooney.

Before: BECKER, Chief Judge, SCIRICA and COWEN, Circuit Judges.

OPINION OF THE COURT

BECKER, Chief Judge.

This is an appeal by defendants Henry Madamba and the Atlantic City Police Department (ACPD) from an amended judgment entered upon a jury's determination that Madamba discriminated against plaintiff Donna Hurley on the basis of her sex in violation of the New Jersey Law Against Discrimination (LAD), N.J. Stat. Ann. 10:5-1 et seq., and that the ACPD discriminated against her on the basis of her sex in violation...

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