Legal Opinion
DiBella v. Borough of Beachwood
Court of Appeals for the Third Circuit
Decided May 12, 2005No. 03-4892, 04-1257PublishedCited by 142 opinions
1Opinion of the Court
OPINION
SHAPIRO, District Judge.
Plaintiffs, Robert DiBella and John McLauglin, appeal a post-trial district court order vacating a jury award of $78,237 in compensatory damages, and $95,000 in punitive damages to each plaintiff. The judge held there had been no Fourth Amendment seizure as required in a malicious prosecution action under 42 U.S.C. § 1983. The District Court decision is affirmed.
I. FACTS AND PROCEDURAL HISTORY
On October 30, 1999, DiBella and McLaughlin were campaigning for positions on the governing body of the Borough of Beachwood, Ocean County, New Jersey. They were on public…
2Cases cited15 opinions
- Albright v. OliverSupreme Court of the United States · 1994
- Baker v. McCollanSupreme Court of the United States · 1979
- Lightning Lube, Inc. v. Witco Corp.Court of Appeals for the Third Circuit · 1993
- Murphy v. LynnCourt of Appeals for the Second Circuit · 1997
- Lou Ann Merkle v. Upper Dublin School District Upper Dublin Township Police Department Margaret Thomas Clair Brown, Jr., Dr. Jack Hahn, DetectiveCourt of Appeals for the Third Circuit · 2000
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3Cited by142 opinions
- Startzell v. City of Philadelphia, PennsylvaniaCourt of Appeals for the Third Circuit · 2008
- Johnson v. KnorrCourt of Appeals for the Third Circuit · 2007
- Bielanski v. County of KaneCourt of Appeals for the Seventh Circuit · 2008
- Nicole Schneyder v. Gina SmithCourt of Appeals for the Third Circuit · 2011
- Becker v. KrollCourt of Appeals for the Tenth Circuit · 2007
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