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BROWN v. MUHLENBERG TP.

No. 00-1846.

269 F.3d 205 (2001)

Kim BROWN; David Brown, H/W, Appellants, v. MUHLENBERG TOWNSHIP; Board of Supervisors of Muhlenberg Township; Muhlenberg Township Police Department; Robert M. Flanagan, individually and/or as Chief of Police of Muhlenberg Township; Robert D. Eberly, individually and/or as Patrolman of Muhlenberg Township; Harley Smith, individually and/or as Chief of Police of Muhlenberg Township.

United States Court of Appeals, Third Circuit.

Filed October 11, 2001.

Attorney(s) appearing for the Case

Thomas A. Whelihan, Reger & Rizzo, 800 Kings Highway North — Suite 203 Cherry Hill, N.J. 08034 and Deirdre A. Agnew (Argued) 1450 East Boot Road West Chester, PA 19380, Attorneys for Appellants.

Enger McCartney-Smith (Argued), Pepper Hamilton LLP 3000 Two Logan Square Eighteenth and Arch Streets Philadelphia, PA 19103, Attorney for Amicus Curiae Animal Legal Defense Fund.

Anthony R. Sherr (Argued) Mayers, Mennies & Sherr, Blue Bell, PA, and L. 3031 Walton Road, Building A, Suite 330 P.O. Box 1547 Blue Bell, PA 19422 and L. Rostaing Tharaud (Argued), Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street — 16th Floor Philadelphia, PA 19103, Attorneys for Appellees.

BEFORE: SCIRICA, GARTH and STAPLETON, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This is a civil rights action arising out of the shooting of a pet dog. The plaintiffs/appellants are Kim and David Brown, the owners of the pet. Police Officer Robert Eberly is alleged to be the primary constitutional tortfeasor. Officer Eberly's employer, Muhlenberg Township, its Board of Supervisors, and two of its Chiefs of Police are also alleged to be responsible for Officer Eberly's constitutional torts...

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