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McKEE v. HART

No. 04-1442.

436 F.3d 165 (2006)

Dwight L. MCKEE; Allen L. Jones v. Henry HART; Wesley Rish; Albert Masland; James Sheehan; Daniel P. Sattelle, Daniel P. Sattele, Appellant.

United States Court of Appeals, Third Circuit.

January 6, 2006.

Attorney(s) appearing for the Case

Charles W. Rubendall, II, (Argued), Donald M. Lewis, III, Keefer, Wood, Allen & Rahal, LLP, Harrisburg, PA, for Appellant.

Donald A. Bailey, (Argued), Bailey Stretton & Ostrowski, Harrisburg, PA, for Appellee.

Before: SCIRICA, Chief Judge, ROTH and AMBRO, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

Daniel Sattele appeals the District Court's denial of his summary judgment motion seeking qualified immunity in a suit brought by Allen Jones alleging that Sattele, among others, had retaliated against him for exercising his First Amendment rights. Because Jones did not allege that Sattele deprived him of a constitutional right—and because even if he had, that right...

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