SKROCKI v. CALTABIANO

Civ. A. No. 80-3132.

505 F.Supp. 916 (1981)

Stanley A. SKROCKI v. Joseph CALTABIANO, Henry Kauflie, Jr., Edmond Walsh, Amos Shaner, Robert Gilmartin, Richard Stricker, D. Anthony Calafati, Robert Quinn, Mary Madill, John Farrell, and Robert N. Rosenberger, individually and in their official capacity as council members of the Borough of Lansdale at all times relevant to this action; F. Lee Mangan, individually and in his official capacity as the Borough Manager of the Borough of Lansdale; Edward Olander, individually and in his official capacity as Electric Department Superintendent of the Borough of Lansdale; Walter M. Shull, individually and in his official capacity as Office Manager of the Borough of Lansdale; Richard Roe and John Doe, and the Borough of Lansdale.

United States District Court, E. D. Pennsylvania.

January 14, 1981.


Attorney(s) appearing for the Case

David A. Scholl, Allentown, Pa., for plaintiff.

C. Stephens Vondercrone, Jr., Lansdale, Pa., for defendants.


MEMORANDUM AND ORDER

TROUTMAN, District Judge.

To state a viable cause of action under the Civil Rights Act of 1871, 42 U.S.C. § 1983, a plaintiff must allege that defendants acted under "color of law" to deprive him of rights secured by the Constitution or laws. Dennis v. Sparks, ___ U.S. ___, 101 S.Ct. 183, 66 L.Ed.2d 185 (1980), Flagg Brothers, Inc. v. Brooks, 436 U.S. 149...

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