United States Third Circuit

In a First Amendment action, district court's judgment is affirmed in part and vacated and remanded where: 1) the court erred in granting summary judgment in favor of the officer on plaintiff's free exercise claim as a reasonable jury could conclude that the restriction imposed on plaintiff failed the general applicability requirement; 2) the court erred in granting summary judgment on plaintiff's free speech claim as significant fact questions persist as to whether the restriction was narrowly tailored and burdened no more speech than necessary to protect traffic safety; and 3) the court properly dismissed plaintiff's municipal liability claims against the defendant and co-defendants in their official capacity.

Appellate Information

• Argued 10/23/2008
• Decided 04/27/2009
• Published 04/27/2009

Judges

• Before:  RENDELL, and SMITH, Circuit Judges, and POLLAK, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Randall L. Wenger, Esq. [Argued], Dennis E. Boyle, Esq., Camp Hill, PA, for Appellants, John McTernan;  John R. Holman;  Edward D. Snell.


• For Appellees:
  
• Donald B. Hoyt, Esq., Blakey, Yost, Bupp & Rausch, York, PA, Frank J. Lavery, Jr., Esq., James D. Young, Esq. [Argued], Lavery, Faherty, Young & Patterson, Harrisburg, PA, for Appellees, City of York, Pennsylvania;  Mayor John S. Brenner, in His Official Capacity;  Police Commissioner Mark L. Whitman, in His Official Capacity;  and Ronald Camacho.