HABERLE ON BEHALF OF HER TWO MINOR CHILDREN

No. 16-2074.

885 F.3d 170 (2018)

Nicole HABERLE, In her own right, ON BEHALF OF HER TWO MINOR CHILDREN, and as administrator of the Estate of Timothy Nixon, deceased. Nicole Haberle, Appellant, v. Officer Daniel Troxell, Individually, and in his official capacity as Nazareth Borough Police Officer; Thomas Trachta, Individually, and in his official capacity as Nazareth Borough Police Chief; Mayor Carl Styre, Individually, and in his official capacity as Mayor of Nazareth Borough; President Dan Chiavaroli, Individually, and in his official capacity as President of Nazareth Borough Council; Vice President Larry Stoudt, Individually, and in his official capacity as Vice President of Nazareth Borough Council; John Samus, Individually, and in his official capacity as a member of Nazareth Borough Council; Council Member Michael Kopach, Individually, and in his official capacity as a member of Nazareth Borough Council; Council Member Frank Maurek, Individually, and in his official capacity as a member of Nazareth Borough Council; Council Member Charles Donello, Individually, and in his official capacity as a Member of Nazareth Borough Council; Council Member Carl Fischl, Individually, and in his official capacity as a member of Nazareth Borough Council; John/Jane Doe Police Staff #1-X, Individually, and in their official capacities as staff of the Nazareth Police Department; Borough of Nazareth.

United States Court of Appeals, Third Circuit.

Opinion Filed: March 20, 2018.


Attorney(s) appearing for the Case

Joseph E. Welsh [ARGUED], Lauer & Fulmer, 701 Washington St., Easton, PA 18042, Counsel for Appellant.

Rufus A. Jennings , John P. Morgenstern [ARGUED], Deasey Mahoney & Valentini, 1601 Market Street, Suite 3400, Philadelphia PA, 19103, Counsel for Appellee.

Before: GREENAWAY, JR., and RENDELL, Circuit Judges.


OPINION OF THE COURT

Timothy Nixon was a troubled man. After stealing a firearm, he told his partner, Nicole Haberle, that he was going to commit suicide. When a police officer employed by the Borough of Nazareth learned of that threat, he did not wait for trained crisis...

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