# Africa v. City of Philadelphia > Court of Appeals for the Third Circuit · March 6, 1995 · 49 F.3d 945 URL: https://www.frixlaw.com/law-library/cases/6933979 ## Case - **Full name:** In re CITY OF PHILADELPHIA LITIGATION. (Three Cases) Ramona AFRICA v. CITY OF PHILADELPHIA Willie Goode Leo A. Brooks Gregore Sambor William C. Richmond Frank Powell, Lt. William Klein, Officer Michael Tursi, Officer Albert Revel, Sgt. Edward Connor, Sgt. Morris Demsko, Corporal Richard Reed, State Trooper, Individually and in their present and/or former official capacities, Leo A. Brooks, in No. 94-1277, Ramona Africa, in No. 94-1322, City of Philadelphia, in Nos. 94-1280 and 94-1377, William C. Richmond, in No. 94-1279 Alfonso LEAPHART, Administrator of the Estate of Vincent Lopez Leaphart, a/k/a John Africa v. CITY OF PHILADELPHIA W. Wilson Goode, Mayor, City of Philadelphia Leo A. Brooks, Former Managing Director, City of Philadelphia Gregore J. Sambor, Former Police Commissioner, City of Philadelphia William C. Richmond, Fire Commissioner, City of Philadelphia Frank Powell William Klein Michael Tursi Albert Revel Commonwealth of Pennsylvania Richard Thornburgh, Former Governor, Commonwealth of Pennsylvania Jay Cochran, Commissioner of State Police, Commonwealth of Pennsylvania Richard Reed Morris Demsko E.I. DuPont de Nemours and Company, Alfonso Leaphart, Administrator of the Estate of Vincent Lopez Leaphart, a/k/a John Africa, in No. 94-1321, City of Philadelphia, in Nos. 94-1378, 94-1233, and 94-1272, William C. Richmond, in No. 94-1276 Louise JAMES v. Frank POWELL Gregore J. Sambor Leo Brooks William C. Richmond W. Wilson Goode City of Philadelphia State of Pennsylvania Du Pont de Nemours, E.I. & Company v. Ramona Johnson AFRICA Alphonso Robbins Africa, Third-Party Louise James, Administratrix of the Estate of Frank James, in No. 94-1320, City of Philadelphia, in Nos. 94-1229 and 94-1379, Gregore Sambor, in No. 94-1230, Leo A. Brooks, in No. 94-1231, William C. Richmond, in No. 94-1232 - **Court:** Court of Appeals for the Third Circuit - **Decided:** March 6, 1995 - **Citations:** 49 F.3d 945; 1995 U.S. App. LEXIS 4339 - **Precedential status:** Published - **Opinion:** On rehearing - **Judges:** Alito, Becker, Cowen, Greenberg, Hutchinson, Lewis, Mansmann, McKee, Nygaard, Roth, Sarokin, Scirica, Sloviter - **Cited by:** 101 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6933979 ## How later opinions describe it (automated extraction) - finding that under relevant legal principles, defendants’ actions did not amount to a Fourth Amendment seizure of plaintiffs such that no violation of a clearly established right occurred; Judge Greenberg would have ended qualified immunity analysis at that stage of the inquiry - noting that the relevant inquiry in that case was whether plaintiff possessed a clearly established constitutional right to be free from the actions undertaken by defendants to extract plaintiffs from MOVE. compound under the circumstances .that existed on May 13, 1985 - holding that use of incendiary devices against house was seizure, as it was use of "force with the aim of gaining entry into the house or forcing the occupants out" ## Opinion text SUR PETITION FOR REHEARING April 3, 1995 Before:' SLOVITER, Chief Judge, and BECKER, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, McKEE, and SAROKIN, Circuit Judges. The petition for rehearing filed by the appellant-appellee, Louise James, in the above captioned matter having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the court in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied. Judge Lewis and Judge McKee would grant rehearing by the c'ourt in banc. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6933979. Public record. Not legal advice.