United States Third Circuit

In a First and Fourth Amendment action, district court's judgment is affirmed in part and vacated and remanded where: 1) the court erred in granting summary judgment on plaintiff's Free Exercise claim as the question of whether the interests asserted by the government were compelling is a matter for jury determination; 2) the court erred in its judgment on plaintiff's free speech claim as there is substantial doubt that the challenged restriction complied with the narrow tailoring requirement; 3) court's disorderly conduct judgment should be remanded as a rational jury could find the plaintiff did not create a hazardous or physically offensive condition and thus the officer lacked probable cause for the arrest; 4) the court properly granted summary judgment on plaintiff's excessive force claim; and 5) 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.