For Immediate Release
July 3, 2008
Contact:  Nathan Flood
Chief of Staff
717-787-4420
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U.S. Appeals Court Dismisses Complaint Against Senator Brubaker

HARRISBURG, PA – The United States Court of Appeals for the Third Circuit on June 13, 2008 affirmed the decision of United States District Court for the Eastern District of Pennsylvania to dismiss the case of Barbara Showalter v. Michael Brubaker, Kristin Ebersole et al. 

Appellant Showalter had claimed that, in February 2007, Senator Brubaker (R-36th) and PA State Senate Agriculture and Rural Affairs Committee executive director Ebersole violated her rights under the First and Fourth Amendments to the United States Constitution. This claim and a related state law claims were dismissed by the Eastern District Court in June 2007.  

Showalter carried the case to the U.S. Third Circuit, which has now affirmed the lower court's dismissal. 

The U.S. Third Circuit Court stated in its opinion, "…Showalter inadequately alleged action under color of state law.  Although Brubaker and Ebersole are state officials, the Complaint provides no facts from which we could reasonably infer that they invoked their state authority or otherwise attempted to exercise the power vested in them by state law."  

"Frankly, it's unsettling to find yourself sued for allegedly violating someone's constitutional rights when you know very well it's frivolous and the claims not true," Senator Brubaker said. "Because the claims were completely groundless, there really was no other decision the courts could have made. Even so, it's unfortunate and I'm glad it's over."  

The entire opinion of the appeals court can be found at:

http://www.ca3.uscourts.gov/opinarch/072950np.pdf