JAMES E. BUSH, APPELLANT,
v.
WILLIAM B. ROBINSON (WARDEN), COUNTY JAIL, ALLEGHENY (COUNTY OF ALLEGHENY)-DISMISSED 5/22/70
JAMES E. BUSH, APPELLANT,
WILLIAM B. ROBINSON (WARDEN), COUNTY JAIL, ALLEGHENY (COUNTY OF ALLEGHENY)-DISMISSED 5/22/70
442 F.2d 393
United States Court of Appeals for the Third Circuit (1971)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM:
Appellant allegedly contracted trench mouth in the County Prison of Allegheny County, Pennsylvania, while confined there awaiting trial. He brought a civil rights action under 42 U.S.C. § 1983 which, upon motion, was dismissed by the district court. The action was properly dismissed against the County of Allegheny. A municipality is not a person contemplated by the Civil Rights Act of 1871. United States ex rel. Gittlemacker v. County of Philadelphia, 413 F. 2d 84, 86 (3 Cir. 1969). The action was also properly dismissed against the Warden because the allegations contained in the complaint rose “no higher than an averment of a tort.” United States ex rel. Gittlemacker v. County of Philadelphia, supra, 413 F. 2d 84, 87. The negligence alleged by appellant is not cognizable un.der the Civil Rights Act.
The judgment of the district court will be affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Howell v. Cataldi, 464 F.2d 272 (3d Cir. 1972)
-
Fletcher v. Hook, 446 F.2d 14 (3d Cir. 1971)
-
Shadid v. The Okla. City, 494 F.2d 1267 (10th Cir. 1974)
Authorities Cited
- United States ex rel. Jack & Ethel Gittlemacker v. Cnty. OF Philadelphia, 413 F.2d 84 (3d Cir. 1969)