United States Third Circuit

Because there is no way plaintiff could establish the malicious prosecution necessary to prove the constitutional violation he alleged as the basis of his Section 1983 civil rights claim, the district court should not have reached the issue of the defendants' qualified immunity without first addressing whether defendant even alleged a civil rights claim.

Appellate Information

• Argued 01/08/2001
• Decided 02/07/2002
• Published 02/07/2002

Judges

• Before:  MANSMANN, McKEE and AMBRO, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Jordan B. Yeager (Argued), Boockvar & Yeager, Bethlehem, PA, Attorney for Appellant.


• For Appellees:
  
• D. Michael Fisher, Attorney General of the Commonwealth of Pennsylvania, John O.J. Shellenberger (Argued), Chief Deputy Attorney General, Calvin R. Koons, Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Chief, Appellate Division, Office of the Attorney General, Philadelphia, PA, Attorneys for Appellees, James Girard and Gregory Pease., Barry W. Sawtelle (Argued), Kozloff Stoudt, P.C., Reading, PA, Attorneys for Appellees, James Gavin, George Yatron and Berks County.