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BENNETT v. MURPHY

No. 00-2667.

274 F.3d 133 (2001)

Sally BENNETT, Administratrix of the Estate of David Bennett, v. Francis J. MURPHY, III, Individually and as a Pennsylvania State Police Officer of the Commonwealth of Pennsylvania; Mark F. Nowakowski, Individually and in his capacity as a Corporal of the Pennsylvania State Police of the Commonwealth of Pennsylvania, Appellant.

United States Court of Appeals, Third Circuit.

Filed January 2, 2002.

Attorney(s) appearing for the Case

Vincent A. Coppola, Pribanic & Pribanic, Pittsburgh, PA, Victor H. Pribanic, White Oak, PA, Counsel for Appellee.

D. Michael Fisher, Attorney General, John G. Knorr, III, Chief Deputy Attorney General Chief, Appellate Litigation Section, Kemal A. Mericli, Senior Deputy Attorney, General Office of Attorney General of Pennsylvania, Department of Justice, Harrisburg, PA, Counsel for Appellant.

Before MANSMANN, RENDELL and ALDISERT, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this Section 1983 civil rights action alleging use of excessive force by a police officer in violation of the Fourth Amendment, state trooper Francis J. Murphy, III, appeals from the District Court's denial of his motion for summary judgment based on qualified immunity. In its recent decision in Saucier v. Katz, 533 U.S. 194, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001), the...

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