United States Third Circuit

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Marcavage v. National Park Service, 11-2246

In an action by an abortion protester under 42 USC Section 1983 against the National Park Service, the United States Department of the Interior, and two Park Service rangers, alleging violations of the plaintiff's rights under the First Amendment, the Fourth Amendment, and the Equal Protection Clause based on his arrest, the district court's grant of a motion to dismiss for failure to state claim is affirmed, where: 1) the rangers were entitled to qualified immunity from the First and Fourth Amendment claims; 2) the plaintiff's "class of one" theory of an equal protection violation failed because he was not in all relevant respects like the others who shared the sidewalk on which he was arrested; and 3) the plaintiff's claims for declaratory and injunctive relief were properly dismissed as moot because of a change in Park Service regulations.

Appellate Information

  • Decided 02/02/2012
  • Published 02/02/2012


  • Vanaskie


  • United States Third Circuit


  • For Appellant:
  • Leonard G. Brown, III, Barbara L. Herwig

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