United States Third Circuit

In a 42 U.S.C. section 1983 case brought against a township, its police department, and police officers and chief involving police's harassment of a business, dismissal of plaintiffs' claims is vacated in part as to dismissal of their Fourth Amendment claim where the searches at issue were not in accordance with the applicable regulatory scheme, and the district court erred in finding that the closely regulated industry exception to the warrant requirement applied based on the record before it.

Appellate Information

• Decided 02/16/2007
• Published 02/16/2007

Judges

• Before FUENTES, FISHER and BRIGHT, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• D. Louis Nicholson (Argued), Philadelphia, PA, for Appellants.


• For Appellees:
  
• Walter F. Kawalec, III (Argued), Marshall, Dennehey, Warner, Coleman & Goggin, Cherry Hill, NJ, Joseph J. Santarone, Jr., Marshall, Dennehey, Warner, Coleman & Goggin, King of Prussia, PA, for Appellees.