Legal Opinion

Donivan v. Dallastown Borough

Court of Appeals for the Third Circuit

Decided December 15, 1987No. 87-5409PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

MANSMANN, Circuit Judge.

This is an appeal from an order of the district court denying a motion for reconsideration of a previous order which refused to grant summary judgment on behalf of the defendants, Dallastown Borough Council and its individual members, based upon the defense of absolute legislative immunity. We will affirm the district court’s order, agreeing that the abolishment of the local police force, accomplished by vote rather than by enactment of an ordinance, was not a proper exercise of council’s legislative powers entitling1 its members to immunity from…

2Cases cited12 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Tenney v. BrandhoveSupreme Court of the United States · 1951
  3. Lake Country Estates, Inc. v. Tahoe Regional Planning AgencySupreme Court of the United States · 1979
  4. Adams v. Gould Inc.Court of Appeals for the Third Circuit · 1984
  5. Aitchison v. RaffianiCourt of Appeals for the Third Circuit · 1983

7 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Acierno v. CloutierCourt of Appeals for the Third Circuit · 1994
  2. Phyllis Carver Thomas Fox April Moore Roberta Rudolph v. Tom Foerster, an Individual and Chairman, Allegheny County Commissioners County of AlleghenyCourt of Appeals for the Third Circuit · 1996
  3. Ajinomoto Co., Inc., Plaintiff-Cross v. Archer-Daniels-Midland Co.Court of Appeals for the Federal Circuit · 2000
  4. Timothy Ryan v. Burlington County, New Jersey, and Burlington County, Harold Colburn, Jr., Michael J. Conda, Catherine A. Costa, Henry J. Metzger, Robert C. Shinn, Michael J. Hogan, and Burlington County Solicitor's Office, Defendants/third Party v. Maurice Scott, Third Party and John Bradman, Individually and Officially as Warden of Burlington County Jail, Defendants/third Party v. Maurice Scott, Third Party Appeal of Harold Colburn, Jr., Michael Conda, Catherine H. Costa, Henry J. Metzger and Robert C. Shinn, JrCourt of Appeals for the Third Circuit · 1989
  5. Ryan v. Burlington County, NJDistrict Court, D. New Jersey · 1989

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API