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BROWN v. ARMENTI

No. 00-1587.

247 F.3d 69 (2001)

Robert A. BROWN v. Angelo ARMENTI, Jr.; California University of Pennsylvania; Barbara A. Armenti; Curtis C. Smith; Delores L. Rozzi; Haywood L. Perry; Bonita A. Kline; Beth Baxter; James H. McCormick; CBS Corp KDKA-TV; Westinghouse Broadcasting Company KDKA-TV; Westinghouse CBS Holding Company, Inc. KDKA-TV; CBS Broadcasting Inc., aka KDKA-TV; Paul Martino; Charles D. Foust; Gerald F. Kelley; Karen D. Lum; Linda J. McClellan; Dean Weber; Carleen C. Zoni; Judy Ansill; William F. Barry; Frank Deluca; Carmine Durzo; Annette Ganassi; Paul Lemmon; Edward M. Paulso; Steven Stout; John K. Thornburgh; Aaron Walton; Robert Wetzel; Foundation for California University of Pennsylvania, Angelo Armenti, Jr., Appellant.

United States Court of Appeals, Third Circuit.

Filed April 17, 2001.

Attorney(s) appearing for the Case

John M. Golden, Esquire (Argued), First & Market Building, 100 First Avenue, Suite 825 Pittsburgh, PA 15222, Counsel for Appellee.

D. Michael Fisher, Attorney General, John G. Knorr, III, (Argued), Chief Deputy Attorney General, Chief, Appellate Litigation Section, Office of Attorney General of Pennsylvania, Department of Justice, Strawberry Square, 15th Floor, Harrisburg, PA 17120, Counsel for Appellant.

Before MANSMANN, BARRY and COWEN, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this interlocutory appeal, the defendant appeals the District Court's denial of a motion for summary judgment in a section 1983 action where the defendant asserted the defense of qualified immunity. What is unusual here is the setting — a public university. In an amended complaint, a tenured professor alleged that he was suspended from teaching a class after he refused the university president's instruction...

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