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MARCAVAGE v. CITY OF PHILADELPHIA

No. 11-2131.

MICHAEL MARCAVAGE, Appellant, v. CITY OF PHILADELPHIA, PENNSYLVANIA; WILLIAM V. FISHER, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES; SGT. CRAIG SMITH, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES; OFFICERS JOHN DOE; OFFICERS JANE DOE, UNKNOWN OFFICERS WHO PARTICIPATED IN THE VIOLATION OF PLAINTIFF'S RIGHTS, IN THEIR OFFICIAL AND INDIVIDUAL CAPACITIES; OFFICER STUSKI, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES; OFFICER BROWN, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES; OFFICER WIGGINS, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES; SGT. DEMALTO, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES.

United States Court of Appeals, Third Circuit.

Filed: May 29, 2012.

Attorney(s) appearing for the Case

L. Theodore Hoppe, Jr., Esq. (ARGUED), Hoppe & Martin, LLP, 423 McFarlan Road, Kennett Square, PA 19348, Counsel for Appellant.

Jane Lovitch Istvan, Esq. (ARGUED), City of Philadelphia Law Department, 1515 Arch St., 17th Floor, Philadelphia, PA 19102, Counsel for Appellees.

Before: VANASKIE, BARRY AND CUDAHY, Circuit Judges.

NOT PRECEDENTIAL

OPINION OF THE COURT

VANASKIE, Circuit Judge.

This appeal presents us with another case brought by Michael Marcavage arising out of his interactions with law enforcement authorities while Marcavage and others engaged in demonstrations in public places.1 This action asserts violations of Marcavage's First, Fourth, and Fourteenth Amendment rights by the City of Philadelphia ("the City") and a number of...

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