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BRIGHT v. WESTMORELAND COUNTY

No. 05-2005.

443 F.3d 276 (2006)

John BRIGHT, Individually and in his capacity as Administrator of the Estate of Annette Bright, deceased, Appellant v. WESTMORELAND COUNTY; Tami Whalen, Individually and in her capacity as a Probation Officer for Westmoreland County; Richard Yesko, Individually and in his capacity as a Probation Officer for Westmoreland County; Anthony C. Guinta, Individually and in his capacity as Probation Supervisor for Westmoreland County; City of Monessen; Carl Franzaglio, Individually and in his capacity as a Police Officer for the City of Monessen; Paul S. Kuntz, Individually and in his capacity as Court Administrator for the Westmoreland County Court of Common Pleas; John Peck, Individually and in his capacity as District Attorney of Westmoreland County; Charles Koschalk.

United States Court of Appeals, Third Circuit.

Opinion Filed April 4, 2006.

Attorney(s) appearing for the Case

Peter M. Suwak (Argued), Washington, PA, for Appellant.

Thomas P. Pellis (Argued), Meyer, Darragh, Buckler, Bebenek & Eck, Greensburg, PA, for Appellees Westmoreland County, Tami Whalen, Richard Yesko, Anthony C. Guinta and John Peck.

Thomas P. McGinnis (Argued), Thomas, Thomas & Hafer, Pittsburgh, PA, for Appellees City Of Monessen, and Carl Franzaglio.

Mary E. Butler (Argued), Supreme Court of Pennsylvania, Administrative Office of PA Courts, Philadelphia, PA, for Appellee Paul S. Kuntz.

Before: SMITH, STAPLETON and NYGAARD, Circuit Judges.

STAPLETON, Circuit Judge.

John Bright, on behalf of himself and his daughter Annette's estate, appeals from an order dismissing his complaint for failure to state a claim. That complaint purports to allege a Substantive Due Process claim under the "state-created danger doctrine" and several state law claims. For present purposes, we accept the facts alleged in Bright's complaint as true. Based on those facts, we will affirm the judgment of the District Court.

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