Gallagher v. Pennsylvania Board of Probation & Parole

E.D. Pennsylvania

Gallagher v. Pennsylvania Board of Probation & Parole

287 F. Supp. 610, 1968 U.S. Dist. LEXIS 9506

CourtDistrict Court, E.D. Pennsylvania

DecidedMarch 18, 1968

DocketCiv. A. No. 68-588

StatusPublished

Cited by1 cases

This text of 287 F. Supp. 610 (Gallagher v. Pennsylvania Board of Probation & Parole) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gallagher v. Pennsylvania Board of Probation & Parole, 287 F. Supp. 610, 1968 U.S. Dist. LEXIS 9506 (E.D. Pa. 1968).

Pincite

Opinion

MEMORANDUM

FULLAM, District Judge.

The named defendant is not a “person” within the meaning of 42 U.S. C.A. § 1983, and may not be sued thereunder. Williams v. Craven, 273 F.Supp. 649 (C.D.Calif.1967); Taylor v. Penn[611]*611sylvania Board of Parole, 263 F.Supp. 450 (M.D.Pa.1967).

The allegations of the complaint are insufficient to raise any issue of constitutional dimension. Moreover, the plaintiff made similar allegations in his petition for habeas corpus, but failed to produce any evidence to support the charges (Misc. No. 3530).

For the foregoing reasons, plaintiff’s petition for leave to proceed in forma pau/peris, and petition for the appointment of counsel, will be denied.

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