McMullen v. Twp of Maple Shade, No. 09-4479 (3d Cir. 2011)Annotate this Case
Plaintiff, arrested for violating a township public intoxication ordinance, argued that the law was superseded by or contrary to the New Jersey Alcoholism Treatment and Rehabilitation Act. The judge dismissed the charge. Plaintiff's federal suit, alleging violations of the Fourth and Fourteenth Amendments and state law, was dismissed. The Third Circuit affirmed, holding that 42 U.S.C. 1983 does not provide a remedy because the ordinance under which plaintiff was arrested is not unambiguously invalid.