CURLEY v. KLEM

No. 01-1093.

298 F.3d 271 (2002)

Corvet CURLEY; Elaine Curley, Appellants, v. Ronald KLEM, a Police Officer sued in his individual capacity; John Doe; Bill Doe, two currently unknown Police Officers also sued in their individual capacities.

United States Court of Appeals, Third Circuit.

Filed August 2, 2002.


Attorney(s) appearing for the Case

David S. Gould (argued), Steven L. Salzman, New York, NY, for Appellants.

Leonard C. Leicht (argued), Morgan, Melhuish, Monaghan, Arvidson, Arbutyn & Lisowski, Livingston, NJ, for Appellee.

BEFORE: ROTH, AMBRO and FUENTES, Circuit Judges.


OPINION OF THE COURT

FUENTES, Circuit Judge.

This is an appeal from a grant of summary judgment dismissing plaintiff's complaint on the ground that the defendant was shielded from liability by the doctrine of qualified immunity. The defendant, Ronald Klem, a New Jersey State Trooper, shot and seriously injured Corvet Curley, a Port Authority Police Officer, when he mistook Curley for an armed criminal suspect. Klem had been chasing a "tall black male" who...

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