Mark v. Borough of Hatboro

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. Introduction

On March 5,1991, defendant William Marley III, a member of the Enterprise Fire Company, a volunteer fire company in the Borough of Hatboro, Pennsylvania, set fire to and destroyed plaintiff John D. Mark’s automobile repair business. The question on this appeal is whether the Borough and Enterprise can be held hable under 42 U.S.C. § 1983, the federal civil rights statute, for damages resulting from the arson. The district court granted defendants’ motions for summary judgment, basing the decision on its finding that Enterprise was…