A police officer, Gino Macioce, shot and killed Mark Daniels. Shortly after the shooting, Officer Macioce was interviewed by other police officers. Officer Macioce did not take an oath to tell the truth during the interview and the interview was not made subject to the penalties of perjury.

In the ensuing wrongful death case brought by the Estate of Mark Daniels under 42 U.S.C. § 1983, Officer Macioce and the City of Pittsburgh moved for summary judgment claiming qualified immunity. Their motion relied heavily on Officer Macioce's police interview. The District Court granted summary judgment and the Third Circuit affirmed.

The question presented is whether the trial court should have relied on the officer's unsworn interview in a wrongful death action brought under 42 U.S.C. § 1983.

Whether the trial court should have relied on the officer's unsworn interview in a wrongful death action brought under 42 U.S.C. § 1983