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KOSSLER v. CRISANTI

No. 06-3241.

564 F.3d 181 (2009)

Michael KOSSLER, Appellant v. Steven CRISANTI; Donzi's Bar.

United States Court of Appeals, Third Circuit.

Filed: April 21, 2009.

Attorney(s) appearing for the Case

Timothy P. O'Brien, Pittsburgh, PA, for Appellant.

Bryan Campbell, Pittsburgh, PA, for Appellee, Steven Crisanti.

Michael Fitzpatrick, Carnegie, PA, for Appellee, Donzi's Bar.

Nancy Winkelman, Schnader Harrison Segal & Lewis, Philadelphia, PA, for Amicus Appellant, ACLU PA.

Before: SCIRICA, Chief Judge, SLOVITER, McKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN and ALDISERT, Circuit Judges.

OPINION

FISHER, Circuit Judge, with whom SCIRICA, Chief Judge, BARRY, FUENTES, SMITH, CHAGARES, JORDAN and HARDIMAN, Circuit Judges, join.

This appeal raises a discrete issue involving a malicious prosecution claim brought under 42 U.S.C. § 1983 and Pennsylvania state law: Whether a conviction for disorderly conduct and a contemporaneous acquittal for aggravated assault and public intoxication under the relevant Pennsylvania statutes constitute a favorable...

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