Tuesday, August 17, 2021

Summary Judgment Affirmed in Section 1983 Case Arising Out of Termination of Chief of Police

In the case of Dondero v. Lower Milford Township, No. 20-1128 (3d. Cir. July 20, 2021 Ambro, J., Hardiman, J. and Phipps, J.) (Op. by Hardiman, J.), the court affirmed the lower court’s entry of summary judgment rejecting the Plaintiff’s constitutional and statutory claims arising out of his termination as Chief of Police in Lower Milford Township without a hearing.

The Third Circuit Court of Appeals noted that it agreed with the District Court’s decision that no pre-termination hearing was required when the township eliminated its police department.   

Based upon these rulings, the court affirmed the entry of summary judgment on the claims of violations of the first amendment and violations of substantive and procedural due process, as well as other claims.  

Anyone wishing to review a copy of this decision may click this LINK.

I send thanks to attorney Owen M. Coleman of the Carbondale, Pennsylvania law office of Harry Coleman for bringing this case to my attention.    

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