HARVEY v. PLAINS TP. POLICE DEPT.

No. 04-1148.

421 F.3d 185 (2005)

Elizabeth HARVEY Appellant v. PLAINS TOWNSHIP POLICE DEPARTMENT; Edward J. Walsh; Ronald Dombroski; Plains Township Board; Joan A. Chukinas.

United States Court of Appeals, Third Circuit.

August 30, 2005.


Attorney(s) appearing for the Case

James A. Swetz (Argued), Cramer, Swetz & McManus, P.C., Stroudsburg, PA, for Appellant.

C. Kent Price (Argued), Shawn E. Smith, Thomas, Thomas & Hafer, LLP, Harrisburg, PA, for Appellees Plains Township Police Department, Edward J. Walsh, Ronald Dombroski, and Plains Township Board.

Robert T. Panowicz (Argued), Wilkes-Barre, PA, for Appellee Joan A. Chukinas.

Before ROTH, FUENTES, and BECKER, Circuit Judges.


BECKER, Circuit Judge, concurring in part and dissenting in part.

OPINION OF THE COURT

FUENTES, Circuit Judge.

This appeal raises questions regarding the liability of a police officer and a landlord involved in an ex parte private repossession by a former boyfriend of the plaintiff. We hold that a police officer actively involved in such a repossession may be engaged in state action in violation the Fourth Amendment. We will reverse the grant...

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