Legal Opinion · Concurring in part, dissenting in part
Elizabeth Harvey v. Plains Township Police Department Edward J. Walsh Ronald Dombroski Plains Township Board Joan A. Chukinas
Court of Appeals for the Third Circuit
Decided August 30, 2005No. 04-1148PublishedCited by 320 opinions
1Concurring in part, dissenting in partBecker, Circuit Judge
OPINION OF THE COURT
FUENTES, Circuit Judge.
This appeal raises questions regarding the liability of a police officer and a landlord involved in an ex parte private repossession by a former boyfriend of the plaintiff. We hold that a police officer actively involved in such a repossession may be engaged in state action in violation the Fourth Amendment. We will reverse the grant of summary judgment in favor of the officer because the District Court improperly resolved a material factual dispute in favor of the police officer on this issue. We also hold that the landlord, who, according to the…
2Cases cited35 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- West v. AtkinsSupreme Court of the United States · 1988
- Anderson v. CreightonSupreme Court of the United States · 1987
- City of Canton v. HarrisSupreme Court of the United States · 1989
- Hudson v. PalmerSupreme Court of the United States · 1984
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3Cited by320 opinions
- Harvey v. Plains Township Police DepartmentCourt of Appeals for the Third Circuit · 2011
- Curley v. KlemCourt of Appeals for the Third Circuit · 2007
- DIRECTV Inc. v. PepeCourt of Appeals for the Third Circuit · 2005
- Clifford George v. Thomas EdholmCourt of Appeals for the Ninth Circuit · 2014
- Burton v. Pennsylvania State PoliceDistrict Court, M.D. Pennsylvania · 2014
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