Opinions of the United 1999 Decisions States Court of Appeals for the Third Circuit 5-11-1999 Hurley v. Atl Cty Pol Dept Precedential or Non-Precedential: Docket 96-5633 Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1999 Recommended Citation "Hurley v. Atl Cty Pol Dept" (1999). 1999 Decisions. Paper 119. http://digitalcommons.law.villanova.edu/thirdcircuit_1999/119 This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova University School of Law Digital Repository. It has been accepted for inclusion in 1999 Decisions by an authorized administrator of Villanova University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu. Filed May 11, 1999 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Nos. 96-5633, 96-5634, 96-5661, 96-5783 SERGEANT DONNA M. HURLEY; PATRICK K. HURLEY, husband and wife, v. THE ATLANTIC CITY POLICE DEPARTMENT, a subdivision of the City of Atlantic City; HENRY MADAMBA, NICHOLAS V. RIFICE, JOHN MOONEY; JOHN DOES 1 THROUGH 50 inclusive, fictitious name defendants, jointly, severally, and in the alternative (Camden New Jersey District Civil No. 93-260) SERGEANT DONNA M. HURLEY; PATRICK K. HURLEY, wife and husband v. THE ATLANTIC CITY POLICE DEPARTMENT, a subdivision of the City of Atlantic City; HENRY MADAMBA; NICHOLAS V. RIFICE; JOHN MOONEY; JOHN DOES 1 THROUGH 50, inclusive, jointly, severally, and in the alternative (Camden, New Jersey District Civil No. 94-1122) Atlantic City Police Department, Appellant No. 96-5633 SERGEANT DONNA M. HURLEY; PATRICK K. HURLEY, husband and wife v. THE ATLANTIC CITY POLICE DEPARTMENT, a subdivision of the City of Atlantic City; HENRY MADAMBA; NICHOLAS V. RIFICE; JOHN MOONEY; JOHN DOES 1 THROUGH 50, inclusive, fictitious name defendants, jointly, severally, and in the alternative (Camden New Jersey District Civil No. 93-260) SERGEANT DONNA M. HURLEY; PATRICK K. HURLEY, wife and husband v. THE ATLANTIC CITY POLICE DEPARTMENT, a subdivision of the City of Atlantic City; HENRY MADAMBA; NICHOLAS V. RIFICE; JOHN MOONEY; JOHN DOES 1 THROUGH 50, inclusive, jointly, severally, and in the alternative (Camden, New Jersey District Civil No. 94-1122) Henry Madamba, Appellant No. 96-5634 SERGEANT DONNA M. HURLEY; PATRICK K. HURLEY, husband and wife v. THE ATLANTIC CITY POLICE DEPARTMENT, a subdivision of the City of Atlantic City; HENRY MADAMBA; NICHOLAS V. RIFICE; JOHN MOONEY; JOHN DOES 1 THROUGH 50, inclusive, fictitious name defendants, jointly, severally, and in the alternative (Camden New Jersey District Civil No. 93-260) SERGEANT DONNA M. HURLEY; PATRICK K. HURLEY, wife and husband v. 2 THE ATLANTIC CITY POLICE DEPARTMENT, a subdivision of the City of Atlantic City; HENRY MADAMBA; NICHOLAS V. RIFICE; JOHN MOONEY; JOHN DOES 1 THROUGH 50, inclusive, jointly, severally, and in the alternative (Camden, New Jersey District Civil No. 94-1122) Donna M. Hurley, and Patrick K. Hurley, Appellants No. 96-5661 SERGEANT DONNA M. HURLEY; PATRICK K. HURLEY, husband and wife v. THE ATLANTIC CITY POLICE DEPARTMENT, a subdivision of the City of Atlantic City; HENRY MADAMBA; NICHOLAS V. RIFICE; JOHN MOONEY; JOHN DOES 1 THROUGH 50, inclusive, fictitious name defendants, jointly, severally, and in the alternative (Camden New Jersey District Civil No. 93-260) SERGEANT DONNA M. HURLEY; PATRICK K. HURLEY, wife and husband v. THE ATLANTIC CITY POLICE DEPARTMENT, a subdivision of the City of Atlantic City; HENRY MADAMBA; NICHOLAS V. RIFICE; JOHN MOONEY; JOHN DOES 1 THROUGH 50, inclusive, jointly, severally, and in the alternative (Camden New Jersey District Civil No. 94-1122) Donna M. Hurley, and Patrick K. Hurley, Appellants No. 96-5738 On Appeal from the United States District Court for the District of New Jersey (D.C. Nos. 93-cv-00260, 94-cv-01122) 3 Argued May 4, 1998 Reargued October 5, 1998 BEFORE: BECKER, Chief Judge, SCIRICA and COWEN, Circuit Judges (Filed March 18, 1999) ORDER AMENDING OPINION The slip opinion in the above case filed on March 18, 1999 is hereby amended as follows: 1. The last sentence of Section IV.B, at page 52 of the slip opinion, "We will therefore vacate the judgment in favor of Rifice and the district court's order striking plaintiff's punitive damage claim against Rifice," is amended to strike the words following "in favor of Rifice." The sentence will read: "We will therefore vacate the judgment in favor of Rifice." 2. After the amended sentence, a new footnote is added: "We intimate no view as to whether a punitive damages claim against Rifice will be viable under the principles articulated today. In view of the standard of liability we have articulated, we think it better to leave this issue to the District Court on remand." BY THE COURT: /s/ Edward R. Becker Chief Judge DATED: May 11, 1999 A True Copy: Teste: Clerk of the United States Court of Appeals for the Third Circuit 4