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GILLES v. DAVIS

No. 04-2542.

427 F.3d 197 (2005)

James G. GILLES; Timothy Petit Appellants v. Sergeant Gregory DAVIS, Indiana University Police Department; Officer Christopher D. Goenner, Indiana University Police Department; Terry Appolonia, Director, Student Life, Indiana University of Pennsylvania; Rhonda H. Luckey, Ed.D., Associate President of Student Affairs for Indiana University of Pennsylvania; William Montgomery, Director of Public Safety, Indiana University of Pennsylvania.

United States Court of Appeals, Third Circuit.

October 25, 2005.

Attorney(s) appearing for the Case

J. Michael Considine, Jr., (Argued), West Chester, Pennsylvania, for Appellants.

Gregory R. Neuhauser, (Argued), Sarah C. Yerger, Office of Attorney General of Pennsylvania, Harrisburg, Pennsylvania, for Appellees.

Before SCIRICA, Chief Judge, ROTH and FUENTES, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

In this civil rights action for damages under 42 U.S.C. § 1983, plaintiffs were arrested for disorderly conduct on the campus of Indiana University of Pennsylvania, a state university. At issue in this First Amendment suit is whether the arresting officers are entitled to qualified immunity. Also at issue is whether resolution of a criminal charge under Pennsylvania's "Accelerated Rehabilitative Disposition...

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