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BONENBERGER v. PLYMOUTH TP.

No. 97-1047.

132 F.3d 20 (1997)

Cheryl BONENBERGER, Appellant, v. PLYMOUTH TOWNSHIP; Joseph La Penta, Sergeant, Plymouth Township Police Department.

United States Court of Appeals, Third Circuit.

Decided December 17, 1997.

Attorney(s) appearing for the Case

William L. McLaughlin, Jr. (Argued), Paoli, PA, for Appellant.

George H. Knoell, III (Argued), Kane, Pugh, Knoell & Driscoll, Norristown, PA, for Plymouth Township.

L. Rostaing Tharaud (Argued), Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, for Joseph La Penta.

Before: COWEN, ROTH, and LEWIS, Circuit Judges.

OPINION OF THE COURT

LEWIS, Circuit Judge.

Appellant Cheryl Bonenberger brought this sexual harassment suit against her former employer, Plymouth Township, located in Pennsylvania; the Plymouth Township Police Department; and against Sergeant La Penta, a police department employee. She has asserted claims under both Title VII and 42 U.S.C. § 1983. This appeal requires us to decide whether a police officer acts under "color of state law" for purposes...

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