United States Third Circuit

Denial of summary judgment for defendants, a board of supervisors, in a 42 U.S.C. section 1983 case involving a decision to deny plaintiffs' application for a permit for a conditional use is reversed where defendants acted in a quasi-judicial capacity, and thus were entitled to absolute quasi-judicial immunity from suit.

Appellate Information

• Argued 05/10/2005
• Decided 02/14/2006
• Published 02/14/2006

Judges

• Before SLOVITER and FISHER, Circuit Judges, and POLLAK, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Enid W. Harris, Harris & Van Jura, Kingston, PA, Terry Rice (Argued), Rice & Amon, Suffern, NY, for Appellants.


• For Appellees:
  
• Bruce J. Phillips (Argued), Wetzel, Caverly, Shea, Phillips & Rodgers, Wilkes-Barre, PA, for Appellees.