UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 24-1902

JOSEPH LOKUTA, III, individually and d/b/a Lokuta’s Garage Corporation, Appellant v. LENA ANGELELLA, Chief of Police, Pittston Township Police Department; DAVID SLEZAK, Chairman of the Board of Supervisors of Pittston Township; JOSEPH HAWK, Vice Chairman of the Board of Supervisors of Pittston Township; STEPHEN RINALDI, Member of the Board of Supervisors of Pittston Township; JOHN BONITA, Administrator of Pittston Township _______________

(D.C. No. 3:23-cv-01617)

SUR PETITION FOR REHEARING

Present: CHAGARES, Chief Judge, and HARDIMAN, SHWARTZ, KRAUSE, RESTREPO, BIBAS, PORTER, MATEY, PHIPPS, FREEMAN, MONTGOMERY-REEVES, CHUNG, and *ROTH Circuit Judges

The petition for rehearing filed by Appellant in the above-entitled case having been submitted to the judges who participated in the decision of this Court, it is hereby ORDERED that the petition for rehearing by the panel is GRANTED. The Clerk is

*Judge Roth’s vote was limited to panel rehearing only. directed to file the amended opinion contemporaneously with this order. As the revisions do not affect the disposition of the appeal, the judgment will remain as filed.

A majority of the judges of the circuit in regular service not having voted for rehearing, the petition for rehearing by the Court en banc is DENIED.

BY THE COURT,

s/ Stephanos Bibas Circuit Judge Date: February 11, 2025 cc: All Counsel of Record