CARRASCA v. POMEROY

No. 02-1127.

313 F.3d 828 (2002)

Marco Antonio CARRASCA; Fidel Figueroa; Abimael Figueroa; Rigoberto Vales Barreras, Appellants v. Edward POMEROY and Steve Losey, in their individual capacities

United States Court of Appeals, Third Circuit.

Filed December 17, 2002.


Attorney(s) appearing for the Case

Daniel Werner (Argued), Patricia C. Kakalec, Farmworker Legal Services of New York, Inc., New Paltz, NY, for Appellants.

Robert P. Shane (Argued), Deputy Attorney General, Patrick DeAlmeida, Deputy Attorney General, David Samson, Attorney General of New Jersey, Office of Attorney General of New Jersey, Department of Law & Public Safety, Trenton, NJ, for Appellees.

Before SLOVITER, RENDELL, and FUENTES, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

While the incidents that form the basis of this claim may seem trivial at first, to the Plaintiffs who were subjected to them they presented a paradigmatic case of racial profiling. The parties testified to differing versions of the relevant facts. The District Court failed to view the facts in the light most favorable to Plaintiffs and accordingly erred in granting summary judgment based on qualified immunity...

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