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NUNEZ v. PACHMAN

No. 08-3314.

578 F.3d 228 (2009)

Francisco NUNEZ, Appellant v. Martin R. PACHMAN; the City of Union City; Mayor Brian P. Stack, individually and in his official capacity; John Doe (1-12), being fictitious person male or female.

United States Court of Appeals, Third Circuit.

Filed: August 26, 2009.

Attorney(s) appearing for the Case

Tomas Espinosa, Esq. Union City, NJ, for Plaintiff-Appellant.

Juan C. Fernandez, Esq. O'Toole Fernandez Weiner Van Lieu, Verone, NJ, for Defendants-Appellees, City of Union and Brian P. Stack.

Robert M. Schwartz, Esq., Monroe Township, NJ, for Defendant-Appellee, Martin R. Pachman.

Before RENDELL, FUENTES and ROTH, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

This appeal from the District Court's grant of summary judgment in favor of defendants, and against plaintiff Francisco Nunez, requires us to decide whether disclosure of an expunged criminal record violates the right of privacy afforded by the Due Process Clause of the U.S. Constitution. Relying on a footnote in our opinion in Fraternal Order of Police, Lodge No. 5 v. City of Philadelphia,

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