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LAVERDURE v. COUNTY OF MONTOMGERY

No. 02-2773.

324 F.3d 123 (2003)

Kelly LAVERDURE, Appellant v. COUNTY OF MONTGOMERY; Michael D. Marino

United States Court of Appeals, Third Circuit.

Opinion filed April 2, 2003.

Attorney(s) appearing for the Case

Joseph A. O'Keefe (Argued), O'Keefe & Sher, Kutztown, PA, John V. Ryan, Wyomissing, PA, for Appellant.

Joseph J. Santarone, Jr., John J. Hare (Argued), Marshall, Dennehey, Warner, Coleman & Goggin, Norristown, PA, for Appellee.

Before: NYGAARD, AMBRO and LOURIE, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

We decide whether, under the circumstances of this case, a county is liable under 42 U.S.C. § 1983 for the statements of a member of its board of commissioners and whether, under Pennsylvania law, a commissioner is entitled to absolute immunity for his statements. The District Court answered no to the first question and yes to the second. We do as well.

I. Factual Background And Procedural History...

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