WALTER v. PIKE COUNTY, PA.

Nos. 06-5034, 06-5144, 07-1668.

544 F.3d 182 (2008)

Susan L. WALTER, Individually and as Administratrix of the Estate of Michael F. Walter, deceased; Michael V. Walter; Lianna Walter, a minor, and through Susan L. Walter, per parent and natural guardian; Donna Walter, a minor, by and through Susan L. Walter, her parent and natural guardian; Erik Walter, a minor, by and through Susan L. Walter, his parent and natural guardian; Daniel Walter, a minor, by and through Susan L. Walter, his parent and natural guardian; Kasey Walter, a minor, by and through Susan L. Walter, her parent and natural guardian; Darian Walter, a minor, by and through Susan L. Walter, her parent and natural guardian; Dale Walter, a minor, by and through Susan L. Walter, his parent and natural guardian; Devyn Walter, a minor, by and through Susan L. Walter, her parent and natural guardian; Corinne Walter, a minor, by and through Susan L. Walter, her parent and natural guardian; Sean Michael Francis Walter, a minor, by and through Susan L. Walter, his parent and natural guardian v. PIKE COUNTY, PENNSYLVANIA, and the Pike County District Attorney's Office; Westfall Township, Pennsylvania, and the Westfall Township Police Department; Timothy J. Mitchell, Individually and as Chief of Police of Westfall Township, and Separately as County Detective for Pike County District Attorney's Office; Douglas J. Jacobs, Esquire, Individually and as District Attorney of Pike County, Pennsylvania; Bruce DeSarro, Esquire, Individually and as Assistant District Attorney of Pike County, Pennsylvania; and William Tracy Todd, Individually and as Chief County Detective of Pike County, Pennsylvania Douglas J. Jacobs; Bruce DeSarro, Appellants in No. 06-5034 Patti-Lynn Mitchell, Appellant in No. 06-5144 Susan L. Walter, Michael V. Walter, Lianna Walter, Donna Walter, Erik Walter, Daniel Walter, Kasey Walter, Darian Walter, Dale Walter, Devyn Walter, Corinne Walter, Sean Michael Francis Walter, Appellants in No. 07-1668.

United States Court of Appeals, Third Circuit.

Filed: September 18, 2008.


Attorney(s) appearing for the Case

John A. Orlando, (Argued), Mary E. Dixon, White and Williams LLP, Philadelphia, PA, Attorneys for Susan L. Walter, et al.

Michael J. Donohue, (Argued), Kreder Brooks Hailstone LLP, Scranton, PA, Susan B. Ayers, Esq., David M. Maselli, Esq., Wright & O'Donnell, Conshohocken, PA, Attorney for Patti-Lynn Mitchell Executrix of the Estate of Timothy Mitchell.

Gerard J. Geiger, (Argued), Newman, Williams, Mishkin, Corveleyn, Wolfe & Fareri, P.C., Stroudsburg, PA, Attorney for Douglas J. Jacobs and Bruce DeSarro.

Before: AMBRO, FISHER and MICHEL, Circuit Judges.


OPINION OF THE COURT

MICHEL, Chief Circuit Judge.

In 2001, in Westfall Township, Pike County, Pennsylvania, Joe Stacy sexually assaulted Michael Walter's daughters. Walter then participated in Stacy's arrest, alongside Westfall Township Chief of Police Timothy Mitchell, and with the approval of the Pike County District Attorney's office. Stacy was charged and released on bail. In 2002, shortly before Stacy was to stand trial for the sexual assault, with...

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