Charters v. Shaffer

Third Circuit

Charters v. Shaffer

181 F.2d 764, 1950 U.S. App. LEXIS 2694

CourtCourt of Appeals for the Third Circuit

DecidedApril 26, 1950

Docket10125_1

StatusPublished

Cited by11 cases

This text of 181 F.2d 764 (Charters v. Shaffer) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Charters v. Shaffer, 181 F.2d 764, 1950 U.S. App. LEXIS 2694 (3d Cir. 1950).

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Opinion

PER CURIAM.

This is a suit under Section 1979 of the Revised Statutes. 8 U.S.C.A. § 43. The plaintiff asserts that the refusal of the defendant commissioners of the Township of Springfield, Montgomery County, Pennsylvania, to reinstate him as a township policeman has deprived him of rights, privileges or immunities secured by the Constitution and laws of the United States and he seeks damages for the deprivation. At the close of the trial the trial judge dismissed the complaint upon motion of the defendants and the plaintiff has appealed.

It is perfectly plain that the plaintiff’s right, if any he has, to be reinstated as a township policeman is derived solely from the law of Pennsylvania. This is not a right secured by the Constitution and laws of the United States within the meaning of Section 1979 of the Revised Statutes. The district court, therefore, did not err in dismissing the complaint. Accordingly its judgment will be affirmed.

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PER CURIAM.

This is a suit under Section 1979 of the Revised Statutes. 8 U.S.C.A. § 43. The plaintiff asserts that the refusal of the defendant commissioners of the Township of Springfield, Montgomery County, Pennsylvania, to reinstate him as a township policeman has deprived him of rights, privileges or immunities secured by the Constitution and laws of the United States and he seeks damages for the deprivation. At the close of the trial the trial judge dismissed the complaint upon motion of the defendants and the plaintiff has appealed.

It is perfectly plain that the plaintiff’s right, if any he has, to be reinstated as a township policeman is derived solely from the law of Pennsylvania. This is not a right secured by the Constitution and laws of the United States within the meaning of Section 1979 of the Revised Statutes. The district court, therefore, did not err in dismissing the complaint. Accordingly its judgment will be affirmed.

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181 F.2d 764, 1950 U.S. App. LEXIS 2694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charters-v-shaffer-ca3-1950.

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