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United States Third Circuit


Tearpock-Martini v. Borough of Shickshinny, 13-3876

Dismissal of a civil rights action challenging defendant's approval of the placement of a religious-themed sign on municipal property near plaintiff's home as a violation of the Establishment Clause of the First Amendment, as well as defendant' refusal to allow plaintiff to place her own sign, is: 1) vacated in part and remanded, where an Establishment Clause challenge under 42 U.S.C. section 1983 to a still-existing monument erected on municipal property is not subject to a state-law statute of limitations; but 2) affirmed in part, where Pennsylvania's statute of limitations does apply to plaintiff's free speech and equal protection claims regarding defendant's refusal to allow plaintiff's sign, and therefore, these claims are time-barred.

Appellate Information

  • Decided 06/23/2014
  • Published 06/23/2014

Judges

  • VANASKIE

Court

  • United States Third Circuit

Counsel

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