United States Third Circuit

In a suit alleging due-process violations under 42 U.S.C. section 1983 and wrongful death and survival claims against town and county officials, arising from the murder of a witness by the defendant in a sexual-assault case, summary judgment for certain defendants on the basis of qualified immunity is affirmed, and summary judgment against the remaining defendants on the basis of qualified immunity is reversed, where the actions of officials in obtaining the arrest and confession of the sexual-assault defendant did not constitute a state-created danger, and there was therefore no deprivation of decedent's due-process rights.

Appellate Information

• Argued 04/16/2008
• Decided 09/18/2008
• Published 09/18/2008

Judges

• Before:  AMBRO, FISHER and MICHEL, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• John A. Orlando, (Argued), Mary E. Dixon, White and Williams LLP, Philadelphia, PA, Attorneys for Susan L. Walter, et al., Michael J. Donohue, (Argued), Kreder Brooks Hailstone LLP, Scranton, PA, Susan B. Ayers, Esq., David M. Maselli, Esq., Wright & O'Donnell, Conshohocken, PA, Attorney for Patti-Lynn Mitchell Executrix of the Estate of Timothy Mitchell., Gerard J. Geiger, (Argued), Newman, Williams, Mishkin, Corveleyn, Wolfe & Fareri, P.C., Stroudsburg, PA, Attorney for Douglas J. Jacobs and Bruce DeSarro.