CARSWELL v. BOROUGH OF HOMESTEAD

No. 03-2290.

381 F.3d 235 (2004)

Tonya L. CARSWELL, Administratrix of the Estate of Gilbert Carswell, deceased, on behalf of the Estate of Gilbert Carswell, deceased and Tonya L. Carswell, Administratrix of the Estate of Gilbert Carswell, deceased on behalf of the Next of Kin of Gilbert Carswell, deceased, Appellant v. BOROUGH OF HOMESTEAD; Mark Zuger, Chief of Police of the Borough of Homestead; Frank Snyder.

United States Court of Appeals, Third Circuit.

Filed August 20, 2004.


Attorney(s) appearing for the Case

Charles E. Evans, (Argued), Evans, Portnoy, Quinn & O'Connor, Pittsburgh, PA, for Appellant.

David J. MacMain, (Argued), Montgomery, McCracken, Walker & Rhoads, LLP, Philadelphia, PA, for Appellee Frank Snyder.

Paul D. Krepps, (Argued), Audrey J. Copeland, Marshall, Dennehey, Warner, Coleman and Goggin, Newton Square, PA, for Appellees Borough of Homestead and Police Chief Mark Zuger.

Before NYGAARD, McKEE, and WEIS, Circuit Judges.


WEIS, Circuit Judge.

In suits under 42 U.S.C. § 1983 for damages against government officials for violation of constitutional rights, the Supreme Court recommends that the courts rule on the constitutional issue before reaching qualified immunity. In this case, after hearing all of the plaintiff's evidence at trial, the District Court assumed, but did not decide whether a constitutional violation had occurred and then granted immunity to a police officer. In...

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