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LIGHT v. HAWS

No. 05-4516.

472 F.3d 74 (2007)

John D. LIGHT v. Charles B. HAWS; Robert Belfonti; Tony Rathfon; Steve Bartus, all individually; Secretary of the Department of Environmental Protection; Governor of Pennsylvania, in their official capacities only, Appellants.

United States Court of Appeals, Third Circuit.

Filed January 3, 2007.

Attorney(s) appearing for the Case

Michael L. Harvey, Office of Attorney General of Pennsylvania, Department of Justice, Harrisburg, PA, Attorney for Appellants.

Donald A. Bailey, Bailey & Ostrowski, Harrisburg, PA, Attorney for Appellee.

Before SLOVITER, CHAGARES and NYGAARD, Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) November 6, 2006.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Before us is an appeal by Charles B. Haws, Assistant Counsel for the Pennsylvania Department of Environmental Protection ("DEP"), from the order of the District Court denying his motion for summary judgment on the ground of absolute prosecutorial immunity in this action brought pursuant to the Civil Rights Act, 42 U.S.C. § 1983. ...

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