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United States Third Circuit


Estate of Smith v. Marasco, 04-2146

In a civil rights suit under 42 U.S.C. section 1983 alleging violations of plaintiff's constitutional rights by police prior to his death, summary judgment for certain defendants based on qualified immunity is reversed as to decisions to storm plaintiff's house and to search his backyard.

Appellate Information

  • Argued 03/07/2005
  • Decided 11/30/2005
  • Published 11/30/2005

Judges

  • Before SCIRICA, Chief Judge, ROTH and BECKER, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Gerald J. Williams, Andrew F. Erba, Gerald J. Grant, Jr., Williams, Cuker & Berezofsky, Philadelphia, PA, Jordan B. Yeager, (Argued), Boockvar & Yeager, Doylestown, PA, for Appellants.

  • For Appellees:
  • Gerald J. Pappert, 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.
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