United States Third Circuit

Plaintiff successfully appeals the dismissal of his tort complaint on grounds that the district court improperly based the dismissal on an unpublished district court decision and did not engage in an independent judicial review of plaintiff's claims.

Appellate Information

• Argued 05/12/2004
• Decided 08/24/2004
• Published 08/24/2004

Judges

• NYGAARD, Circuit Judge., Before NYGAARD, McKEE, and CHERTOFF Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Peter M. Suwak, (Argued), Washington, PA, for Appellant., Mary E. Butler, (Argued), Supreme Court of Pennsylvania, Administrative Office of PA Courts, Philadelphia, PA, for Paul S. Kuntz, etc.


• For Appellees:
  
• Thomas P. Pellis, (Argued), Meyer, Darragh, Buckler, Bebenek & Eck, Greensburg, PA, for Appellee County of Westmoreland, et. al., Thomas P. McGinnis, (Argued), Thomas, Thomas & Hafer, Pittsburgh, PA, for Appellee City of Monessen, et. al.