United States Third Circuit

In a state-created danger claim under 42 U.S.C. section 1983, a jury could find that troopers placed decedent in a foreseeably dangerous position, but a qualified immunity defense must be considered on remand. First Amendment retaliation and substantive due process cover-up claims were not actionable.

Appellate Information

• Argued 11/07/2002
• Decided 01/29/2003
• Published 01/29/2003

Judges

• Before McKEE and GREENBERG, Circuit Judges, and LIFLAND, District Judge.

Court

• United States Third Circuit

Counsel

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


• For Appellees:
  
• D. Michael Fisher, Attorney General, J. Bart DeLone (argued), Senior Deputy Attorney General, Calvin R. Koons, Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Chief, Appellate Litigation Section, Office of Attorney General, Appellate Litigation Section, Harrisburg, PA, for Appellees.