CARTER v. CITY OF PHILADELPHIA

No. 98-1581.

181 F.3d 339 (1999)

Raymond CARTER, Appellant, v. CITY OF PHILADELPHIA; Thomas Ryan, Individually and as a Police Officer for the City of Philadelphia; John Doe, an Unknown Police Officer(s) and or Detective(s) for the City of Philadelphia; Lynne Abraham, Philadelphia District Attorney in her Official Capacity; Richard Roe, Police Officer Representing Unknown Employees of the Philadelphia District Attorney's Office, in their Individual and Official Capacity; Wayne Settle, Individually and as a Police Officer for the City of Philadelphia; Michael Duffy, Individually and as a Police Officer for the City of Philadelphia.

United States Court of Appeals, Third Circuit.

Decided April 28, 1999.


Attorney(s) appearing for the Case

Robert W. Small (Argued), Berlinger & Small, Abington, PA, Of Counsel: Susan F. Burt, Philadelphia, PA, for Appellant.

Marcia Berman, City of Philadelphia Law Department, Philadelphia, PA, for Appellee City of Philadelphia.

R. David Walk, Jr. (Argued), Bebe H. Kivitz, Kevin J. Kotch, Chonda Jordan Nwamu, Hoyle, Morris & Kerr, Philadelphia, PA, Emily Zimmerman, Chief, Civil Litigation Unit, District Attorney's Office, Philadelphia, PA, for Appellee Richard Roe.

Calvin R. Koons, Office of the Attorney General of Pennsylvania, Harrisburg, PA, for Commonwealth of Pennsylvania Amicus Appellee.

Stuard B. Suss, Deputy District Attorney, Ralph A. Germak, President, Pennsylvania District Attorneys Association, PDAA/PDAI Headquarters, Harrisburg, PA, for Pennsylvania District Attorneys Association Amicus Curiae.

Before: MANSMANN, SCIRICA and NYGAARD, Circuit Judges.


OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this appeal we must first determine whether our requirement that a district court provide a brief statement of reasons in certifying a judgment for appeal pursuant to Fed.R.Civ.P. 54(b) precludes our exercise of jurisdiction to hear the appeal where we are otherwise able to ascertain the propriety of the certification from the record. Exercise of jurisdiction and...

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