CURLEY v. KLEM

No. 05-4701.

499 F.3d 199 (2007)

Corvet CURLEY; Elaine Curley v. Ronald KLEM, a Police Officer, Sued In His Individual Capacity; John Doe; Bill Doe, two currently unknown Police Officers also sued in their individual capacities Corvet Curley, Appellant.

United States Court of Appeals, Third Circuit.

Filed: August 24, 2007.


Attorney(s) appearing for the Case

David S. Gould [ARGUED], Steven L. Salzman, Richard L. Huffman, David S. Gould, P.C., New York, NY, for Appellant.

Jeffrey M. Kadish, Esq. [ARGUED], Morgan Melhuish Abrutyn, Livingston, NJ, for Appellees.

Before: FISHER, JORDAN and ROTH, Circuit Judges.


OPINION OF THE COURT

JORDAN, Circuit Judge.

This civil rights suit, after a long and difficult history, is before us for the second time. Plaintiff Corvet Curley ("Curley"), an officer with the Port Authority of New York and New Jersey, and his wife, Elaine, sued defendant Ronald Klem ("Klem"), a New Jersey State Trooper, under 42 U.S.C. § 1983, alleging that Klem violated Curley's constitutional rights by shooting him while both Curley and Klem were...

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