United States Third Circuit

In a case involving allegations that a borough mayor's campaign of harassment, defamation and retaliation deprived an employee of his job and damaged his reputation and ability to earn a living, dismissal of plaintiff's complaint in its entirety is reversed in part as to: 1) a 42 U.S.C. section 1983 "stigma-plus" due process claim against the mayor to the extent the claim sought a name clearing hearing; 2) a "stigma-plus" due process claim against the borough; 3) First Amendment retaliation claims; and 4) Age Discrimination in Employment Act (ADEA) and state law claims against the borough.

Appellate Information

• Argued 05/15/2006
• Decided 07/26/2006
• Published 07/26/2006

Judges

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

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• William P. Murphy, Esq., (Argued), Murphy & Goldstein, P.C., Philadelphia, PA, for Appellant.


• For Appellees:
  
• Timothy T. Myers, Esq., (Argued), Raymond J. Santarelli, Esq., John G. Dean, Esq., Elliott Greenleaf & Siedzikowski, P.C., Blue Bell, PA, Paul J. Dellasega, Esq., Thomas, Thomas & Hafer, Harrisburg, PA, for Appellee Gennaro Marino, Mayor of Kutztown., Robyn F. McGrath, Esq., (Argued), Sweeney & Sheehan, P.C., Philadelphia, PA, Michael T. Sellers, Esq., Kardos, Rickles, Sellers & Hand, Newtown, PA, for Appellee Borough of Kutztown.