United States Third Circuit
Keystone Redevelopment Partners, LLC v. Decker, 10-1054
In plaintiff's suit against former and current members of the Gaming Board in their official capacities, seeking relief under 42 U.S.C. section 1983 for alleged violations of its constitutional rights under the Commerce Clause of Article 1, Section 8, the First Amendment, and the Equal Protection Clause of the Fourteenth Amendment, based on their decisions to grant gaming licenses to certain applicants other than plaintiff, district court's denial of defendants' motions to dismiss the complaint based on qualified immunity, is reversed and remanded, as an overall consideration and weighing of the factors required by Butz to establish quasi-judicial, absolute immunity for the licensing decisions of the Board defendants have been more than met.
Appellate Information
- Argued 11/16/2010
- Decided 01/07/2011
- Published 01/07/2011
Judges
Court
- United States Third Circuit
Counsel
- For Appellant:
- David R. Overstreet, James J. Kutz