United States Third Circuit

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Yarris v. County of Delaware, 05-1319

Denial in part of motion to dismiss a 42 U.S.C. section 1983 case against a county, its prosecutors and police officers alleging obscured, destroyed and manufactured evidence is reversed in part where defendants were correct about entitlement to immunity on the charges, but affirmed where defendants had not yet shown entitlement to immunity.

Appellate Information

  • Argued 04/24/2006
  • Decided 10/02/2006
  • Published 10/02/2006


  • FUENTES, Circuit Judge., Before FUENTES, STAPLETON, and ALARCÓN, Circuit Judges.


  • United States Third Circuit


  • For Appellant:
  • William F. Holsten, II, Esq., Robert P. DiDomenicis, Esq. Paola T. Kaczynski, Holsten & Associates, Media, PA, William J. Convoy, Esq., C. Scott Toomey, Esq., (Argued), Campbell Campbell Edwards & Convoy, Wayne, PA, Counsel for Appellants.

  • For Appellees:
  • John W. Beavers, Esq., (Argued), John Wendell Beavers & Associates, Philadelphia, PA, Counsel for Appellee.
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