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FORBES v. TOWNSHIP OF LOWER MERION

No. 01-3942.

313 F.3d 144 (2002)

Lorenzo A. FORBES; Ella M. Forbes, in their Own Right and as Co-Administrators of the Estate of Erin Dudley Forbes, Deceased v. TOWNSHIP OF LOWER MERION; Joseph J. Daly, Police Superintendent, Individually and in his Official Capacity as Township of Lower Merion Police Superintendent; John Salkowski, Officer, Individually and in his Official Capacity as a Township of Lower Merion Police Officer; John Doe, Representing Unknown Employees of the Lower Merion Township Police Department, Individually and in their Official Capacities as Township of Lower Merion Police Officers; Craig McGowan, SGT., individually and in his official capacity as a Township of Lower Merion Police Officer c/o Lower Merion Police Department, 71 East Lancaster Avenue, Ardmore, PA 19003 John Salkowski; Craig McGowan, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 11, 2002.

Attorney(s) appearing for the Case

Lloyd G. Parry (Argued), Davis, Parry & Tyler, Philadelphia, PA, for Appellants.

Sheryl S. Chernoff, Susan F. Burt (Argued), Burt-Collins & Chernoff, Merion Station, PA, for Appellees.

Before ALITO and FUENTES, Circuit Judges, and OBERDORFER, District Judge.

OPINION OF THE COURT

ALITO, Circuit Judge.

This action under 42 U.S.C. § 1983 arises out of a police shooting in Lower Merion Township, Pennsylvania. Defendants John Salkowski and Craig McGowan, two police officers, appeal from an order of the District Court denying their motion for summary judgment based on qualified immunity. In denying that motion, the District Court held, without elaboration, that the plaintiffs had raised genuine issues of material...

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