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United States Third Circuit


McKee v. Hart, 04-1442

Denial of defendant's summary judgment motion seeking qualified immunity in a civil rights suit alleging workplace retaliation is reversed where plaintiff did not allege that defendant deprived him of a constitutional right, and even if he had, that right was not clearly established at the time defendant engaged in the alleged conduct.

Appellate Information

  • Argued 03/10/2005
  • Decided 01/06/2006
  • Published 01/06/2006

Judges

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

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Charles W. Rubendall, II, (Argued), Donald M. Lewis, III, Keefer, Wood, Allen & Rahal, LLP, Harrisburg, PA, for Appellant.

  • For Appellees:
  • Donald A. Bailey, (Argued), Bailey Stretton & Ostrowski, Harrisburg, PA, for Appellee.
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