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MONTEIRO v. CITY OF ELIZABETH

No. 04-3756.

436 F.3d 397 (2006)

Armenio T. MONTEIRO v. CITY OF ELIZABETH; Patricia Perkins-Auguste, Council President; Andrew R. Cox, Police Officer; Richard Meola, Sergeant of Police Patricia Perkins-Auguste, Appellant.

United States Court of Appeals, Third Circuit.

Filed February 8, 2006.

Attorney(s) appearing for the Case

Robert F. Varady (Argued), LaCorte, Bundy, Varady & Kinsella, Union, NJ, for Appellant.

David F. Corrigan (Argued), Keyport, NJ, for Appellee.

Before SLOVITER, FISHER, and ROSENN, Circuit Judges.

ROSENN, Circuit Judge.

This appeal presents the issue of whether, when entitlement to qualified immunity depends on a disputed issue of fact, it is proper to submit that question to a jury. Plaintiff Armenio T. Monteiro filed an action under 42 U.S.C. § 1983 against defendant Patricia Perkins-Auguste, alleging that when he was a member of the Elizabeth, New Jersey City Council, Perkins-Auguste, then President of the Council, violated his First Amendment rights...

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