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KEYSTONE REDEVELOPMENT PARTNERS, LLC v. DECKER

No. 10-1054.

631 F.3d 89 (2011)

KEYSTONE REDEVELOPMENT PARTNERS, LLC v. Thomas DECKER, Mary DiGiacomo Colins; Raymond S. Angeli, Jeffrey W. Coy, Joseph W. Marshall, III, Kenneth T. McCabe, and Sanford Rivers, all named in their individual capacities as members of the Pennsylvania Gaming Control Board in December, 2006; and Gregory C. Fajt; Raymond S. Angeli; Jeffrey W. Coy; James B. Ginty; Kenneth T. McCabe; Sanford Rivers and Gary A. Sojka, all named in their official capacities as current members of the Pennsylvania Gaming Control Board v. HSP Gaming, L.P. (Intervenor in District Court) Thomas Decker, Mary DiGiacomo Colins, Raymond S. Angeli, Jeffrey W. Coy, Joseph W. Marshall III, Kenneth T. McCabe and Sanford Rivers, Appellants.

United States Court of Appeals, Third Circuit.

Opinion filed: January 7, 2011.

Attorney(s) appearing for the Case

David R. Overstreet, Esq. (Argued), John P. Krill, Jr., Esq. , Abram D. Burnett, III, Esq. , Anthony R. Holtzman, Esq. , K & L Gates LLP, Harrisburg, PA, for Appellee.

James J. Kutz, Esq. , Barbara A. Zemlock, Esq. , John W. Dornberger, Esq. , Post & Schell, P.C., Harrisburg, PA, R. Douglas Sherman, Esq. , Pennsylvania Gaming Control Board, Harrisburg, PA, Ralph G. Wellington, Esq. (Argued), Nancy Winkleman, Esq. , Joseph Anclien, Esq. , Joseph J. Langkamer, Esq. , Schnader Harrison Segal & Lewis, LLP, Philadelphia, PA, for Appellants.

William H. Lamb, Esq. , Scot R. Withers, Esq. , Lamb McErlane, PC, West Chester, PA, Stephen A. Cozen, Esq. , F. Warren Jacoby, Esq. , Jennifer M. McHugh, Esq. , Cozen O'Connor, Philadelphia, PA, Thomas E. Groshens, Esq. (Argued), Richard A. Sprague, Esq. , Thomas A. Sprague, Esq. , Charles J. Hardy, Esq. , Sprague & Sprague, Philadelphia, PA, for Intervenor-Appellant HSP Gaming, L.P.

Barbara Adams, Esq. , Gregory Dunlap, Esq. , Harrisburg, PA, for Amicus Edward G. Rendell, Governor of Pennsylvania.

Before: AMBRO, FISHER, and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

In this appeal, we consider whether the former members of the Pennsylvania Gaming Control Board are immune from suits brought against them in their individual capacities based on their decisions to grant gaming licenses to certain applicants other than appellee Keystone Redevelopment Partners, LLC (Keystone). We conclude that they are entitled to absolute, quasi-judicial immunity. Accordingly, we will reverse the...

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