DIQUE v. NEW JERSEY STATE POLICE

Nos. 05-1159, 08-2525.

603 F.3d 181 (2010)

Walter DIQUE, Appellant v. NEW JERSEY STATE POLICE; State of New Jersey; C.L. Pagano; Carson Dunbar; John Mulvey; G. Vona; M. Sanchez; John Doe 1-10.

United States Court of Appeals, Third Circuit.

Opinion filed: May 6, 2010.


Attorney(s) appearing for the Case

David Rudovsky, Esquire (Argued), Kairys, Rudovsky, Messing and Feinberg, LLP, Philadelphia, PA, Benjamin Levine, Esquire, Lesnevich & Marzano-Lesnevich, Hackensack, NJ, for Appellant Walter Dique.

Anne Milgram, Attorney General of New Jersey, Lewis A. Scheindlin, Esquire, Assistant Attorney General, Larry R. Etzweiler, Esquire (Argued), Senior Deputy Attorney General, Wendy A. Reek, Esquire, Richard J. Hughes Justice Complex, Trenton, NJ, Tamara L. Rudow, Esquire, Weber, Gallagher, Simpson, Stapleton, Fires & Newby, Philadelphia, PA, for Appellees New Jersey State Police; State of New Jersey; D.L. Pagano; Carson Dunbar.

Leonard C. Leicht, Esquire (Argued), Morgan, Melhuis, Abrutyn, Livingston, NJ, for Appellees John Mulvey and G. Vona.

Before: AMBRO, ROTH and ALARCÓN, Circuit Judges.


OPINION

ROTH, Circuit Judge:

This appeal presents the question of when Walter Dique's Fourteenth Amendment selective-enforcement claim accrued. Dique appeals the District Court's final order, granting summary judgment in favor of Clinton Pagano, John Mulvey, and Glen Vona (Officers) on his claim because it was time barred. Dique argues that he timely filed suit because his claim accrued in April 2002, when his conviction was vacated; the Officers, by contrast...

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