Opinions of the United 2005 Decisions States Court of Appeals for the Third Circuit

5-31-2005

Dibella v. Beachwood Precedential or Non-Precedential: Precedential

Docket No. 03-4892

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Recommended Citation "Dibella v. Beachwood" (2005). 2005 Decisions. Paper 1080. http://digitalcommons.law.villanova.edu/thirdcircuit_2005/1080

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IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No: 03-4892/04-1257

ROBERT DIBELLA; JOHN MCLAUGHLIN,

Appellants - (Case No.03-4892) v.

BOROUGH OF BEACHWOOD, a municipality organized under the laws of the State of New Jersey; BEACHWOOD POLICE DEPARTMENT; JOHN WAGNER, CHIEF, in his official capacity and personally; JOHN ZUPA, POLICE OFFICER, personally and in his official capacity

ROBERT DIBELLA; JOHN MCLAUGHLIN

v.

BOROUGH OF BEACHWOOD, a municipality organized under the laws of the State of New Jersey; BEACHWOOD POLICE DEPARTMENT; JOHN WAGNER, Chief, in his official capacity and personally; JOHN ZUPA, Police Officer, personally and in his official capacity

Appellants - (Case No. 04-1257) ___________

On Appeal from the United States District Court for the District of New Jersey District Court No. 02-CV-3883 District Judge: The Honorable Garrett E. Brown, Jr. _________________

Argued on January 11, 2005 Before: ROTH and CHERTOFF * , Circuit Judges, and SHAPIRO,** District Judge.

Harry J. Levin, Esquire (Argued) Colleen F. Cyphers Levin & Cyphers 1410 Hooper Avenue Toms River, NJ 08753

Counsel for Appellants/Cross Appellees

David R. Leahy, Esquire (Argued) Gilmore & Monahan 10 Allen Street P.O. Box 1540 Toms River, NJ 08754

Counsel for Appellees/Cross Appellants

ORDER AMENDING OPINION

ROTH, Circuit Judge

IT IS ORDERED that the published Opinion in the above case filed May 12, 2005, be amended as follows:

On Page 5, change the citation for Wittekamp v. Gulf to reflect only the "U.S." citation, i.e.,

(1993).

On Page 6, paragraph 3, 3rd line, the id. page number for the Albright v. Oliver citation should be changed from 812 to 271.

* Judge Chertoff heard oral argument in this case but resigned prior to the time the opinion was filed. The opinion is filed by a quorum of the panel.

(d). ** Honorable Norma L. Shapiro, Senior District Judge for the United States District Court for the Eastern District of Pennsylvania, sitting by designation. On Page 7, 1st line, the

page number should be changed from 813 to 273.

By the Court,

/s/ Jane R. Roth Circuit Judge

Dated: May 31, 2005