PEREZ v. BOROUGH OF JOHNSONBURG

No. 21-2559.

74 F.4th 129 (2023)

Angel PEREZ, Jr. v. BOROUGH OF JOHNSONBURG; David Cuneo David Cuneo, Appellant.

United States Court of Appeals, Third Circuit.

(Filed: July 21, 2023).


Attorney(s) appearing for the Case

Patrick M. Carey , Marshall Dennehey Warner Coleman & Goggin, 717 State Street, Suite 701, Erie, PA 16501, Carol A. VanderWoude [Argued], Marshall Dennehey Warner Coleman & Goggin, 2000 Market Street, Suite 2300, Philadelphia, PA 19103, Counsel for Appellant.

Benjamin M. Kelly [Argued], Joshua S. Licata , Chad Shannon , Friday & Cox, 1405 McFarland Road, Pittsburgh, PA 15216, Counsel for Appellee.

Before: HARDIMAN, PORTER, and FISHER, Circuit Judges.


OPINION OF THE COURT

Police officer David Cuneo appeals an order of the District Court denying in part his motion for summary judgment. As relevant here, the District Court held that Cuneo was not entitled to qualified immunity on Angel Perez's claim for an unlawful seizure. Cuneo challenges that decision and we...

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