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CURRY v. YACHERA

No. 15-1692.

835 F.3d 373 (2016)

Joseph CURRY, Appellant v. Brianne YACHERA, Individually as Trooper for the Pennsylvania State Police a/k/a Brianne Glad; Richard McClure, Individually and in His Official Capacity as Detective for the Exeter Township Police Department; Exeter Township, d/b/a Exeter Township Police Department; Kerrie Fichter, Individually and in Her Official Capacity as Asset Protection for Wal-Mart Stores, Inc. a/k/a Walmart; Walmart Stores Inc, aka WalMart; John Does 1-10; Walmart Stores East LP, aka WalMart.

United States Court of Appeals, Third Circuit.

Filed: September 1, 2016.

Attorney(s) appearing for the Case

Matthew B. Weisberg, Esq. , 7 South Morton Avenue, Morton, PA 19070, Counsel for Appellant.

Sheryl L. Brown, Esq. , Michael P. Laffey, Esq. , Siana Bellwoar & McAndrew, LLP, 941 Pottstown Pike, Suite 200, Chester Springs, PA 19524, Counsel for Appellees Richard McClure and Exeter Township.

Claudia M. Tesoro , Senior Deputy Attorney General, Office of Attorney General, 21 South 12th Street, Philadelphia, PA 19107, Counsel for Appellee Brianne Yachera.

Patrick J. McDonnell, Esq. , Karen L. Green, Esq. , McDonnell & Associates, P.C., 860 First Avenue, Suite 5B, King of Prussia, PA 19406, Counsel for Appellees Wal-Mart Stores, Inc., Kerrie Fichter, Wal-Mart Stores East.

Before: FUENTES, CHAGARES, and GREENBERG, Circuit Judges.

OPINION

Joseph Curry appeals the District Court's order dismissing his complaint under Federal Rule of Civil Procedure 12(b)(6). Although we will affirm the District Court's order with a modification, we do so with some reluctance. As we will discuss, the circumstances of this case appear to exemplify what can...

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