BLAYLOCK v. CITY OF PHILADELPHIA

No. 06-2785.

504 F.3d 405 (2007)

Andre BLAYLOCK v. The CITY OF PHILADELPHIA; Reynolds, Philadelphia Police Officer, Badge # 4268; Walker, Philadelphia Police Officer, Badge # 3730; Cujdik, Philadelphia Police Officer, Badge # 1574; Liciardello, Philadelphia Police Officer, Badge # 4383; Malkowski, Philadelphia Police Sergeant, Badge # 8832; Philadelphia Police Officer Does 1-5; Badge Numbers Unknown, Individually and in their capacity as Police Officers. Brian Reynolds, Thomas Liciardello, Jeffrey Walker, Louis Cujdik and Chester Malkowski, Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: October 1, 2007.


Attorney(s) appearing for the Case

Richard G. Tuttle (Argued), Archer & Greiner, Philadelphia, PA, for Appellants.

Michael Pileggi (Argued), Philadelphia, PA, for Appellee Andre Blaylock.

Jane L. Istvan, City of Philadelphia Law Department, Philadelphia, PA, for Appellee City of Philadelphia.

Before: McKEE, STAPLETON and NYGAARD, Circuit Judges.


OPINION OF THE COURT

STAPLETON, Circuit Judge.

This interlocutory appeal arises out of a case in which Andre Blaylock sued five officers of the Philadelphia Police Department under 42 U.S.C. § 1983, alleging false arrest, excessive force, and malicious prosecution. At the close of discovery, the officers moved for summary judgment, arguing, inter alia, that they were entitled to qualified immunity. The District Court denied that motion...

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