United States Third Circuit

Grant of summary judgment against a firefighter on his due process claims under 42 U.S.C. section 1983 are vacated and remanded for consideration of whether the pre-hearing suspension was supported by an interest in public safety and, in addition, for consideration of whether he has satisfied the "stigma-plus" test, establishing deprivation of a liberty interest. Summary judgment on state law defamation and right of privacy claims, and judgment as a matter of law on his claim for punitive damages arising from a section 1983 retaliation claim that he prevailed on at trial, are affirmed.

Appellate Information

• Decided 01/25/2011
• Published 01/25/2011

Judges

• Jordan

Court

• United States Third Circuit

Counsel