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McMULLEN v. MAPLE SHADE TP.

No. 09-4479.

643 F.3d 96 (2011)

Joseph W. McMULLEN, individually and on behalf of all others similarly situated; *Christopher Obchinetz, v. MAPLE SHADE TOWNSHIP, in its own right and on behalf of similarly situated New Jersey Municipal entities Joseph W. McMullen, individually and on behalf of all others similarly situated, Appellant (*Dismissed per Clerk's order of 7/26/10).

United States Court of Appeals, Third Circuit.

Filed: June 27, 2011.

Attorney(s) appearing for the Case

Steven E. Angstreich [Argued], Carolyn C. Lindheim , Weir & Partners, Philadelphia, PA, David A. Avedissian , Haddonfield, NJ, Michael Coren , Pellettieri, Rabstein & Altman, Princeton, NJ, for Appellant.

John C. Gillespie [Argued], Parker McCay , Marlton, NJ, for Appellee.

Before: JORDAN, HARDIMAN and VAN ANTWERPEN, Circuit Judges.

OPINION OF THE COURT

HARDIMAN, Circuit Judge.

This appeal involves a suit brought under 42 U.S.C. § 1983 by a New Jersey resident who was arrested by municipal police for violating a public intoxication ordinance. At issue is whether a federal cause of action exists when one is arrested for violating an ordinance that might be invalid under state law. We hold that it does not.

I

In October 2007, Joseph McMullen was arrested in Maple...

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