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ZALOGA v. BOROUGH OF MOOSIC

No. 15-2723.

841 F.3d 170 (2016)

Jeanne ZALOGA; Edward Zaloga, D.O., C.P.A.; Correctional Care Inc. v. BOROUGH OF MOOSIC; Moosic Borough Council; Moosic Borough Planning Commission; Moosic Borough Zoning Board of Adjustments; Joseph Mercatili, Individually and in his official capacities as President of Moosic Borough Council; Joseph Dente, Individually and in his official capacity as Vice President of Moosic Borough Council and member of the Moosic Borough Planning Commission; Thomas Harrison; Individually and in his official capacity as Moosic Borough Manager; Bryan Fauver, Individually and in his official capacity as Chairman of Moosic Borough Planning Commission; James Durkin, Individually and in his official capacity as Moosic Borough Zoning and Enforcement Officer; John J. Brazil; Willard Hughes Joseph Mercatili, Appellant.

United States Court of Appeals, Third Circuit.

Filed: October 24, 2016.

Attorney(s) appearing for the Case

Joshua M. Autry [ARGUED], Laverty Faherty Patterson , 225 Market Street — Ste. 304, P.O. Box 1245, Harrisburg, PA 17108, Counsel for Appellants.

Bruce L. Coyer , Joseph T. Healey [ARGUED], O'Malley Harris Durkin & Perry, 345 Wyoming Avenue, Scranton, PA 18503, Counsel for Appellees.

Before: SMITH, JORDAN, and RENDELL, Circuit Judges.

OPINION OF THE COURT

This case is an appeal from an interlocutory decision denying defendant Joseph Mercatili's claim to qualified immunity. Dr. Edward Zaloga, who had been engaged in an ongoing feud with local government officials, publicly opposed Mercatili's reelection as the President of the Moosic, Pennsylvania...

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