Reed v. Scheffler, 062419 FED3, 18-2168

Docket Nº:18-2168
Opinion Judge:ROTH, CIRCUIT JUDGE
Party Name:WILLIAM A. REED, JR, as personal representative for ELSIE M. REED, an incompetent individual, and WILLIAM A. REED, JR., individually, Appellant v. KAREN SCHEFFLER, Mayor of the Borough of Palmyra; *TRACY KILMER, Housing Official, Borough of Palmyra; *BOROUGH OF PALMYRA *Dismissed Pursuant to Clerk's Order dated 9/26/18
Judge Panel:Before: JORDAN, KRAUSE and ROTH, Circuit Judges
Case Date:June 24, 2019
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
FREE EXCERPT

WILLIAM A. REED, JR, as personal representative for ELSIE M. REED, an incompetent individual, and WILLIAM A. REED, JR., individually, Appellant

v.

KAREN SCHEFFLER, Mayor of the Borough of Palmyra; *TRACY KILMER, Housing Official, Borough of Palmyra; *BOROUGH OF PALMYRA *Dismissed Pursuant to Clerk's Order dated 9/26/18

No. 18-2168

United States Court of Appeals, Third Circuit

June 24, 2019

NOT PRECEDENTIAL

Submitted under Third Circuit LAR 34.1(a) on January 25, 2019

On Appeal from the United States District Court for the District of New Jersey (D. C. Civil Action No. 1-16-cv-00423) District Judge: Honorable Noel L. Hillman

Before: JORDAN, KRAUSE and ROTH, Circuit Judges

OPINION [*]

ROTH, CIRCUIT JUDGE

William Reed alleges that the mayor of his town violated his free speech rights when she criticized the condition of property owned by Reed's mother. He contends that the mayor's statements, made in the local newspaper, constituted "viewpoint discrimination" because they were harmful criticisms directed only at his mother's property. Because the District Court did not err in dismissing Reed's claims, we will affirm.

I 1

In 2014, Reed had a power of attorney to act for his mother during the sale of her house in the Borough of Palmyra, New Jersey. As part of the property sale process, the owner of the home was required to obtain a Certificate of Occupancy (CO) by passing an inspection of the house by the Borough. Following the inspection, the Borough required that thirty-three code violations be remedied prior to the issuance of a CO. Reed corrected the code violations, and the property passed a subsequent inspection. As a result, the Borough issued a CO and the house was sold several months later.

In early 2015, Reed spoke at an official session of the Borough Council, where he "told the Borough Council that he wanted them to be aware of the hardship and expense he experienced in the sale of the family home."2 Two days later, the online edition of the Burlington County Times published statements made by the Mayor of Palmyra, Karen Scheffler, in response to Reed's comments at the Borough Council meeting. According...

To continue reading

FREE SIGN UP