NANCE v. CITY OF NEWARK 10 (2018)

United States Court of Appeals, Third Circuit.

Darren M. NANCE, Appellant v. CITY OF NEWARK; Newark Police Department; The Mayor, Sharpe James; Joseph J. Santiago; Thomas C. O’Reilly; Robert K. Rankin, Jr.; Mitchell McQuire; Michael O’Connor; James David O’Connor; Willie E. Underwood; Irving B. Guller; Jose Omar Colon; Chadrakant Patel; James E. Tunis; Isabella Castellanos; Vincent Bongermino; John Does (1-10); Richard Paraboschi; Nicholas Maresca; Anthony Campos; John Zakowski

No. 16-4450

Decided: February 01, 2018

Before: AMBRO, KRAUSE, Circuit Judges and CONTI *, Chief District Judge

Samuel J. Halpern, Esq., West Orange, NJ, for Plaintiff-Appellant John S. Favate, Esq., George R. Hardin, Esq., Hardin Kundla McKeon & Poletto, Springfield, NJ, for Defendant-Appellee Stefani C. Schwartz, Esq., Schwartz Simon Edelstein & Celso, Whippany, NJ, for Defendant

SUR PETITION FOR PANEL REHEARING

The petition for panel rehearing filed by Appellant in the above entitled case having been submitted to the judges who participated in the decision of this Court. Appellant's Reply was considered by the Court. It is hereby ORDERED that the petition for rehearing by the panel is GRANTED, in part and the Opinion and Judgment entered October 27, 2017 are vacated. A new Opinion and Judgment will be filed forthwith.

Thomas L. Ambro, Circuit Judge

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