James E. Bush v. William B. Robinson (Warden), County Jail, Allegheny (County of Allegheny) — Dismissed 5/22/70
This text of 442 F.2d 393 (James E. Bush v. William B. Robinson (Warden), County Jail, Allegheny (County of Allegheny) — Dismissed 5/22/70) 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.
Opinion
OPINION OF THE COURT
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.
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442 F.2d 393, 1971 U.S. App. LEXIS 10700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-e-bush-v-william-b-robinson-warden-county-jail-allegheny-ca3-1971.