James E. Bush v. William B. Robinson (Warden), County Jail, Allegheny (County of Allegheny) — Dismissed 5/22/70
James E. BUSH, Appellant, v. William B. ROBINSON (Warden), County Jail, Allegheny (County of Allegheny)—Dismissed 5/22/70
Opinion
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 *394 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.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 4 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.