No: 03-4892/04-1257 ROBERT DIBELLA; JOHN MCLAUGHLIN v. Borough of Beachwood, a municipality organized under the laws of the State of New Jersey

PRECEDENTIAL
IN THE UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No: 03-4892/04-1257
ROBERT DIBELLA; JOHN MCLAUGHLIN,
Appellants - (Case No.03-4892)
v.
BOROUGH OF BEACHWOOD, a municipality
organized under the laws of the State
of New Jersey; BEACHWOOD POLICE DEPARTMENT;
JOHN WAGNER, CHIEF, in his official capacity
and personally; JOHN ZUPA, POLICE OFFICER,
personally and in his official capacity
ROBERT DIBELLA; JOHN MCLAUGHLIN
v.
BOROUGH OF BEACHWOOD, a municipality organized
under the laws of the State of New Jersey;
BEACHWOOD POLICE DEPARTMENT; JOHN WAGNER,
Chief, in his official capacity and personally;
JOHN ZUPA, Police Officer, personally and in
his official capacity
Appellants - (Case No. 04-1257)
___________
On Appeal from the United States District Court
for the District of New Jersey
District Court No. 02-CV-3883
District Judge: The Honorable Garrett E. Brown, Jr.
_________________
Argued on January 11, 2005

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Judge Chertoff heard oral argument in this case but resigned prior to the time the*
opinion was filed. The opinion is filed by a quorum of the panel. 28 U.S.C. § 46(d).
Honorable Norma L. Shapiro, Senior District Judge for the United States District**
Court for the Eastern District of Pennsylvania, sitting by designation.
Before: ROTH and CHERTOFF , Circuit Judges, and SHAPIRO, District Judge.* **
Harry J. Levin, Esquire (Argued)
Colleen F. Cyphers
Levin & Cyphers
1410 Hooper Avenue
Toms River, NJ 08753
Counsel for Appellants/Cross Appellees
David R. Leahy, Esquire (Argued)
Gilmore & Monahan
10 Allen Street
P.O. Box 1540
Toms River, NJ 08754
Counsel for Appellees/Cross Appellants
ORDER AMENDING OPINION
ROTH, Circuit Judge
IT IS ORDERED that the published Opinion in the above case filed May
12, 2005, be amended as follows:
On Page 5, change the citation for Wittekamp v. Gulf to reflect only the
"U.S." citation, i.e., 510 U.S. 917 (1993).
On Page 6, paragraph 3, 3rd line, the id. page number for the Albright v.
Oliver citation should be changed from 812 to 271.

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On Page 7, 1st line, the id. page number should be changed from 813 to
273.
By the Court,
/s/ Jane R. Roth
Circuit Judge
Dated: May 31, 2005

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