Legal Opinion
Austin v. Neal
District Court, E.D. Pennsylvania
Decided June 3, 1996No. Civil Action 95-3009PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM
WALDMAN, District Judge.
I. Background
This 42 U.S.C. § 1983 civil rights action arises from plaintiffs suspension and subsequent dismissal from the Philadelphia Police Department after he fatally shot a homeless man during a confrontation while on duty. Plaintiff claims that the manner in which he was suspended violated his right to procedural due process, and that the adverse employment actions violated his substantive due process right to “self-preservation” which “underpins the Second Amendment” and to continued public employment. Plaintiff also claims that statements of defendant…
2Cases cited50 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Daniels v. WilliamsSupreme Court of the United States · 1986
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3Cited by7 opinions
- Holt Cargo Systems, Inc. v. Delaware River Port AuthorityDistrict Court, E.D. Pennsylvania · 1998
- Filgueiras v. Newark Pub. SchoolsNew Jersey Superior Court Appellate Division · 2012
- Homar v. GilbertDistrict Court, M.D. Pennsylvania · 1999
- Garcia v. State of New Mexico Office of the TreasurerDistrict Court, D. New Mexico · 1997
- Hogar Club Paraiso, Inc. v. Varela LlavonaDistrict Court, D. Puerto Rico · 2002
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