United States Third Circuit

In a 42 U.S.C. section 1983 action brought by a farmer and businessman arising from an agency's property inspections and resulting actions taken thereafter, an appeal from denial of agency assistant counsel's motion for summary judgment on the ground of absolute prosecutorial immunity is remanded for further proceedings as it was not possible under the record and circumstances to determine which of defendant's actions were entitled to absolute immunity as a matter of law.

Appellate Information

• Decided 01/03/2007
• Published 01/03/2007

Judges

• Before SLOVITER, CHAGARES and NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Michael L. Harvey, Office of Attorney General of Pennsylvania, Department of Justice, Harrisburg, PA, Attorney for Appellants.


• For Appellees:
  
• Donald A. Bailey, Bailey & Ostrowski, Harrisburg, PA, Attorney for Appellee.