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ROSS v. MEAGAN

No. 79-1920.

638 F.2d 646 (1981)

ROSS, Daniel, Martin, Jerryl, Appellants, v. Detective MEAGAN, Individually and in his person as Detective of the Philadelphia Fugitive Unit, his superior, his agent, servants, employees and successors in interest, Police Administration Building, Philadelphia, Pennsylvania 19107; Milton Shapp, Individually and in his person as Governor of the Commonwealth of Pennsylvania, his agent, servants, employees, and successors in interest, Room 238, Main Capitol Building, Harrisburg, Pennsylvania 17120; Glen Price and Charles F. Gallagher, Individuals and in their person as Assistant District Attorneys, their superior, his agent, servants, employees, and successors in interest, District Attorney's Office, 2300 Centre Square West, Philadelphia, Pennsylvania 19102; Owen Larrabee and Thomas R. Hurd, Individuals and in their person as Assistant Public Defenders, their superior, his agent, servants, employees, and successors in interest, Defender Association of Philadelphia, 1526 Chestnut Street, Philadelphia, Pennsylvania 19102.

United States Court of Appeals, Third Circuit.

Decided January 16, 1981.

Attorney(s) appearing for the Case

Daniel Ross, pro se.

Jerryl Martin, pro se.

Charles A. Fisher, Asst. Dist. Atty., Michael F. Henry, Chief, Motions Div., Steven H. Goldblatt, Deputy Dist. Atty. for Law, Edward G. Rendell, Dist. Atty., Philadelphia, Pa., for appellees, Price and Gallagher.

Before ALDISERT, HUNTER and SLOVITER, Circuit Judges.

Submitted under Third Circuit Rule 12(6) December 31, 1980.

OPINION OF THE COURT

PER CURIAM.

The major question for decision is whether the district court abused its discretion in refusing to permit amendment of a pro se complaint against a Philadelphia detective and a former governor of Pennsylvania. We conclude that the refusal to permit amendment was an abuse of discretion with respect to these two defendants, but we affirm the judgment...

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