HELLER v. FULARE

No. 05-3687.

454 F.3d 174 (2006)

Ronald C. HELLER; John R. Flinn; Mathew W. Lindsey; Otto G. Barton, II; Chris William Bender, Appellees v. Jerry C. FULARE, a/k/a Jerome Fulare, individually, and in his official capacity as a Logan Township Supervisor, Appellant.

United States Court of Appeals, Third Circuit.

Filed July 6, 2006.


Attorney(s) appearing for the Case

Stephen J. Poljak, Esquire, (Argued), Marshall, Dennehey, Warner, Coleman & Groggin, Pittsburgh, PA, Attorneys for Appellant.

Stephen D. Wicks, Esquire, (Argued), Altoona, PA, Attorney for Appellees.

Before RENDELL, VAN ANTWERPEN and WEIS, Circuit Judges.


WEIS, Circuit Judge.

This appeal is from the District Court's denial of common law immunity to defendant, a township supervisor, for allegedly defamatory comments made during meetings of the township's board of supervisors. The statements were based on information defendant obtained in violation of the Board's chain of command policy, which was designed to discourage interference with the police department by individual supervisors. The District Court determined that...

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