United States Third Circuit

In an action raising, inter alia, claims under theories of municipal liability and state-created danger liability arising from a student's death following an incident near a bar, dismissal of claims against defendants-police department and borough are affirmed as: 1) no reasonable factfinder could conclude on the record that a police department policymaker had created a policy or acquiesced to a custom of delegating law enforcement responsibilities to liquor licensee personnel; and 2) the dismissal of the state-created danger claims was proper.

Appellate Information

• Decided 09/21/2007
• Published 09/21/2007

Judges

• Before:  SLOVITER, SMITH, and GARTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Louis A. Bove, Marc J. Syken, Bodell, Bove, Grace & Van Horn, P.C., Philadelphia, PA, Counsel for Appellants.


• For Appellees:
  
• John Flounlacker, Esq., Michele J. Thorp, Esq., Thomas, Thomas & Hafer, LLP, Harrisburg, PA, Counsel for Appellee Borough of State College d/b/a State College Police Department., Joseph P. Green, Lee, Green & Reiter, Bellefonte, PA, Counsel for Appellee Phyllis H. Gentzel d/b/a/ Gentzel Corp., Harvey Pasternack, Pasternack & associates, State College, PA, Counsel for Appellee Bluebird Entertainment Enterprise d/b/a The Dark Horse.