United States Third Circuit

In a 42 U.S.C. section 1983 and state tort law action brought against a police officer and district attorney, judgments for defendants are affirmed as: 1) a district attorney's use of the extradition process rather than accepting an out-of-state accused's offer to return for a preliminary hearing when scheduled did not establish a constitutional violation; 2) a police officer's affidavit of probable cause was not deficient because the statute of limitations had expired before a criminal complaint was filed; and 3) portions of a transcript of a preliminary hearing may be considered in connection with defendants' motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6).

Appellate Information

• Argued 07/10/2007
• Decided 09/18/2007
• Published 09/18/2007

Judges

• Before:  SLOVITER, WEIS and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• David B. Dowling, Esquire, (Argued), James J. Jarecki, Esquire, Rhoads & Sinon, LLP, Harrisburg, PA, Attorneys for Appellant, Cynthia Sands.


• For Appellees:
  
• Chester C. Corse, Jr., Attorney, (Argued), Pottsville, PA, Attorney for Appellee, Gary E. Norton., David J. Macmain, Esquire, Timothy J. Kepner, Esquire, Montgomery, McCracken, Walker & Rhoads, LLP, Philadelphia, PA, Attorneys for Appellee, Robert McCormick.