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FREEDMAN v. CITY OF ALLENTOWN, PA.

No. 87-1070.

853 F.2d 1111 (1988)

Albert FREEDMAN, Administrator of the Estate of Jerry Freedman, Albert and Estelle Freedman, Appellants, v. CITY OF ALLENTOWN, PENNSYLVANIA, David M. Howells, Sr., Gerald Monahan, Jr., Carl Balliet, George LaFaver, Robert Hendricks, and Frank Kroboth.

United States Court of Appeals, Third Circuit.

Decided August 10, 1988.

Attorney(s) appearing for the Case

Richard N. Shapiro (argued), Philadelphia, Pa. (Peter Goldberger, Philadelphia, Pa., of counsel), for appellants.

Alan M. Black (argued), Daylin B. Leach, Black, Epstein, Prokup and McCarthy, Allentown, Pa., for appellees City of Allentown, Pennsylvania, David M. Howells, Sr., Gerald Monahan, Jr., Carl Balliet, George LaFaver, and Robert Hendricks.

LeRoy S. Zimmerman, Atty. Gen., Amy Zapp (argued), Deputy Atty. Gen., John G. Knorr, III, Sr. Deputy Atty. Gen., Andrew S. Gordon, Chief Deputy Atty. Gen., Chief, Litigation Section, Harrisburg, Pa., for appellee Frank Kroboth.

Before SLOVITER and STAPLETON, Circuit Judges, and BROTMAN, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This is the second time this year that we must consider whether plaintiffs have pled a viable claim under 42 U.S.C. § 1983 based on a jailhouse suicide. In Colburn v. Upper Darby Township, 838 F.2d 663 (3d Cir.1988), we held that in light of the allegations of the complaint and those that were proffered in the memorandum opposing dismissal, plaintiff was entitled...

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