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United States Third Circuit


CURLEY v. KLEM, 01-1093

In a 42 U.S.C. section 1983 claim, a state trooper is not entitled to qualified immunity as a matter of law where facts do not show that he acted objectively reasonably in mistaking a port authority police officer for an armed criminal suspect.

Appellate Information

  • Decided 08/02/2002
  • Published 08/02/2002

Judges

  • BEFORE:  ROTH, AMBRO and FUENTES, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • David S. Gould (argued), Steven L. Salzman, New York, NY, for Appellants.

  • For Appellees:
  • Leonard C. Leicht (argued), Morgan, Melhuish, Monaghan, Arvidson, Arbutyn & Lisowski, Livingston, NJ, for Appellee.
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