United States Third Circuit

In an action against various defendants for violations of 42 U.S.C. section 1983 and state law, arising from a former 911 dispatcher's improper use of his job facilities to track down and kill his ex-girlfriend and her boyfriend, plaintiff's son, dismissal of the claims is reversed in part and the matter remanded with instructions to permit plaintiff an opportunity to amend certain state-created danger and equal protection claims, as the district court erred in various respects at the pleading stage.

Appellate Information

• Argued 06/26/2007
• Decided 02/05/2008
• Published 02/05/2008

Judges

• Before:  FISHER, NYGAARD, and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Philip A. Ignelzi, Esq. (Argued), Michael A. Murphy, Esq., Ogg, Cordes, Murphy & Ignelzi, Pittsburgh, PA, for Appellant.


• For Appellees:
  
• Scott G. Dunlop, Esq., Stephen J. Poljak, Esq. (Argued), Alan E. Johnson, Esq., Marshall, Dennehey, Warner, Coleman & Goggin, Pittsburgh, PA, for Appellees Northwest Regional Communications, Nussbaum, Tush, Craig, Deutsch, Ging, Zurcher, and Cestra., Wendy Kobee, Esq., Michael H. Wojcik, Esq., Office of Allegheny County Law Department, Pittsburgh, PA, for Appellees County of Allegheny and Allegheny County 911.