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United States Third Circuit


Egolf v. Witmer, 06-2193

In an action wherein plaintiffs claimed that several state and municipal actors violated their First and Fourth Amendment rights by arresting them during a demonstration against the war in Iraq, summary judgment for police on the issue of qualified immunity is affirmed where, regardless of whether the police violated protesters' First and Fourth Amendment rights, such rights were not "clearly established" in this circumstance.

Appellate Information

  • Argued 04/10/2007
  • Decided 05/22/2008
  • Published 05/22/2008

Judges

  • Before SMITH, NYGAARD, and HANSEN, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • J. Dwight Yoder, Esq. (Argued), Gibbel, Kraybill & Hess, Lancaster, PA, for Appellants.

  • For Appellees:
  • John G. Knorr, III (Argued), Office of the Attorney General of Pennsylvania, Department of Justice, Harrisburg, PA, for Appellees.
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