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GIBSON v. MAYOR AND COUNCIL OF WILMINGTON

No. 02-3952.

355 F.3d 215 (2004)

Christopher GIBSON, Appellant v. MAYOR AND COUNCIL OF THE CITY OF WILMINGTON, a municipal corporation, Michael A. Boykin, Rita Crowley, Marlyn Dietz, and Michael Maggitti, all in their individual capacities, Appellees.

United States Court of Appeals, Third Circuit.

Decided January 8, 2004.

Attorney(s) appearing for the Case

James J. Knicely, (Argued), Knicely & Associates, P.C., Williamsburg, Thomas S. Neuberger, Thomas S. Neuberger, P.A., Wilmington, for Appellant.

Jan A.T. Van Amerongen Jr., (Argued), Jan A.T. van Amerongen, LLC, Wilmington, for Appellee.

Before BARRY, BECKER, and GREENBERG Circuit Judges.

OPINION OF THE COURT

BECKER, Circuit Judge.

Plaintiff Christopher Gibson ("Gibson"), a ten year veteran of the Wilmington, Delaware Police Department ("WPD") who was discharged for making dishonest statements to his supervising officers, appeals the District Court's sua sponte grant of summary judgment on the grounds that the regulation pursuant to which he was discharged, WPD Directive 7.3D, the "Honesty Directive," was vague and overbroad. Directive...

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