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BROWN v. JOSEPH

No. 71-1869.

463 F.2d 1046 (1972)

Joseph Carl BROWN, Jr., Appellant, v. Richard P. JOSEPH, Esquire.

United States Court of Appeals, Third Circuit.

Decided June 22, 1972.

Attorney(s) appearing for the Case

Lane Taylor, Jr., Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for appellant.

Anthony V. DeCello, Asst. County Sol., and John J. Dean, Chief, Appellate Div., Pittsburgh, Pa., for appellee.

Before STALEY, ALDISERT and HUNTER, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The question presented is whether a court-appointed trial attorney employed by the Public Defender's Office of Allegheny County, Pennsylvania, may be held liable to respond in damages in an action alleging constitutional deprivation under 42 U.S.C. § 19831 brought by a former client in a state criminal proceeding. The district court held that the complaint failed to state a claim...

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