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FORAKER v. CHAFFINCH

No. 06-4086.

501 F.3d 231 (2007)

*Sergeant Christopher D. FORAKER, individually and in his official capacity as Superintendent of the Delaware State Police v. Colonel L. Aaron CHAFFINCH; Lieutenant Colonel Thomas F. MacLeish, individually and in his official capacity as Deputy Superintendent of the Delaware State Police; David B. Mitchell, in his official capacity as Secretary of the Department of Safety and Homeland Security of the State of Delaware; Division of State Police Department of Safety and Homeland Security State of Delaware (D.C. Civil No. 04-cv-01207) Corporal B. Kurt Price; Corporal Wayne Warren *Sergeant Christopher D. Foraker v. Colonel L. Aaron Chaffinch, individually and in his official capacity as Superintendent of the Delaware State Police; Lieutenant Colonel Thomas F. MacLeish, individually and in his official capacity as Deputy Superintendent of the Delaware State Police; David B. Mitchell, in his official capacity as the Secretary of the Department of Safety and Homeland Security of the State of Delaware; Division of State Police, Department of Safety and Homeland Security, State of Delaware (D.C. Civil No. 04-cv-00956) B. Kurt Price, Wayne Warren, *Christopher D. Foraker, Appellants. *Dismissed Per the Court's Order of 11/7/06

United States Court of Appeals, Third Circuit.

Filed: August 30, 2007.

Attorney(s) appearing for the Case

Martin D. Haverly, Thomas S. Neuberger, Stephen J. Neuberger (argued), The Neuberger Firm, Wilmington, DE, for Appellants.

Edward T. Ellis (argued), Carmon M. Harvey, Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, for Appellees.

Before: SMITH and GREENBERG, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

SMITH, Circuit Judge.

Appellants Corporal B. Kurt Price and Corporal Wayne Warren, both former Delaware State Troopers and instructors in the Delaware State Police Firearms Training Unit, appeal from the District Court's grant of judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(b). Price and Warren present two principal issues for review: (1) whether the activities...

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