United States Third Circuit

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Gwynn v. City of Philadelphia, 12-2208

Summary judgment for defendant-officers and defendant-city on plaintiff-officers' constitutional claims under 42 U.S.C. section 1983, statutory claims under the Fair Labor Standards Act, and various state law claims, is affirmed, where: 1) the district court did not err when it allowed defendants to withdraw their admissions; 2) as a result, the district court did not err when it denied plaintiffs' motion for summary judgment, which was premised upon the efficacy of those admissions; 3) plaintiffs failed to establish either that they were seized or that they were subjected to an unreasonable search; and 4) plaintiff failed to produce any evidence to rebut defendants' showing that plaintiffs were paid on the day of the Internal Affairs interview.

Appellate Information

  • Decided 06/19/2013
  • Published 06/19/2013




  • United States Third Circuit