GATTER v. ZAPPILE

No. CIV.A. 88-2320.

54 F.Supp.2d 454 (1999)

William GATTER and Marie Parrott Gatter, Plaintiffs, v. Richard ZAPPILE, et al., Defendants.

United States District Court, E.D.Pennsylvania.

July 2, 1999.


Attorney(s) appearing for the Case

Joan Gaughan Atlas, Koral, Kahn & Koral, PC, Philadelphia, PA, for William Gatter, Marie Parrott Gatter, Plaintiffs.

Peter D. Winebrake, City of Philadelphia Law Dept., Philadelphia, PA, for Richard Zappile, Aloysius Martin, Police Officer, Internal Affairs Division, John Norris, Police Officer, Internal Affairs Division, John McGrath, Cynthia O'Leary, City of Philadelphia, defendants.

Linda L. Shafer, James G. Sheehan, U.S. Attorney's Office, Philadelphia, PA, for James Danbach, James Williamson, Special Agent, defendants.


MEMORANDUM and ORDER

KATZ, Senior District Judge.

In this § 1983 action, two of the defendants, police officers John McGrath and Cynthia O'Leary, move for dismissal pursuant to Federal Rule of Procedure 12(b)(6).

Background1

Plaintiff William Gatter, a retired police sergeant, was indicted and later acquitted at trial on a perjury charge based on his testimony to a federal grand jury that...

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