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THOMAS v. INDEPENDENCE TP.

No. 05-2275.

463 F.3d 285 (2006)

Anthony W. THOMAS, A.W.T., Inc., t/d/b/a Independence Deli v. INDEPENDENCE TOWNSHIP; Joseph Chiodo, Individually and as a member of the Independence Township Board of Supervisors; Gene Fleegal, Individually and as a member Independence Township Board of Supervisors; Wendy Potts Fleegal, Individually and as Secretary and Treasurer of the Independence Township Board of Supervisors; Fred Schmidt, Individually and as a member Independence Township Board of Supervisors; Sam Butler, Individually and as a member Independence Township Board of Supervisors Joseph Chiodo, Gene Fleegal, Wendy Potts Fleegal, Fred Schmidt and Sam Butler, Appellants.

United States Court of Appeals, Third Circuit.

Filed September 14, 2006.

Attorney(s) appearing for the Case

Alan E. Johnson, Esq. (Argued), Marshall, Dennehey, Warner, Coleman & Goggin, Pittsburgh, PA, for Appellants.

Colm W. Kenny, Esq., Gianni Floro, Esq. (Argued), Tarasi, Tarasi & Fishman, Pittsburgh, PA, for Appellee.

Before SMITH and COWEN, Circuit Judges, and ACKERMAN, District Judge.

OPINION

COWEN, Circuit Judge.

The individual defendants appeal the District Court's denial of their qualified immunity defense at the dismissal stage. The District Court found that the allegations of plaintiffs' complaint adequately plead the commission of acts that violate extremely broad, general propositions of law, and, therefore, denied qualified immunity at the dismissal stage. Today, we make clear that a...

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