United States Third Circuit

In a suit by a borough firefighter, alleging due-process violations by the borough council when it suspended him for allegedly failing to meet training requirements, summary judgment for defendants is vacated and remanded where: 1) plaintiff had a property interest in not being suspended without just cause; and 2) additional fact finding was required to determine whether plaintiff asserted a cognizable liberty interest based on his suspension and the related damage to his reputation.

Appellate Information

• Argued 03/25/2008
• Decided 12/04/2008
• Published 12/04/2008

Judges

• Before:  McKEE, RENDELL, and TASHIMA, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Cynthia L. Pollick, Esq. [Argued], The Employment Law Firm, Pittston, PA, for Appellant, Robert K. Dee, Jr.


• For Appellees:
  
• Karoline Mehalchick, Esq. [Argued], Olvier, Price & Rhodes, Clarks Summit, PA, for Appellee, Borough of Dunmore;  Borough of Dunmore Council;  Joseph Loftus;  Thomas Hennigan;  Joseph Talutto;  Frank Padula;  Leonard Verrastro;  Michael Cummings;  all individually and as Councilmen.