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INMATES OF THE ALLEGHENY COUNTY JAIL v. WECHT

No. 88-3866.

873 F.2d 55 (1989)

INMATES OF THE ALLEGHENY COUNTY JAIL, Thomas Price Bey, Arthur Goslee, Robert Maloney, and Calvin Milligan on their own behalf and on behalf of all others similarly situated, Plaintiffs/Appellees, v. Cyril H. WECHT, President of the Allegheny County Board of Prison Inspectors, and the other members of the Board; Thomas Foerster and William H. Hunt, Commissioners for Allegheny County; Frank J. Lucchino, Controller for Allegheny County; Eugene Coon, Sheriff for Allegheny County; the Honorable Patrick R. Tamilia, Michael J. O'Malley, and Marion K. Finkelhor, Judges, Court of Common Pleas of Allegheny County; Richard S. Caliguiri, Mayor of the City of Pittsburgh; Harriet McCray; Msgr. Charles Owen Rice, and Charles Kozakiewicz, Warden of the Allegheny County Jail; and William B. Robinson, Executive Director of Prison Inspectors; and Cyril Wecht, Thomas Foerster and William H. Hunt, as Commissioners of Allegheny County, Defendants/Appellees, v. The COMMONWEALTH OF PENNSYLVANIA; the Commonwealth of Pennsylvania, Department of Corrections; David S. Owens, Jr., Commissioner, Department of Corrections, and Erskind Deramus, Deputy Commissioner, Department of Corrections, Third Party Defendants/Appellants.

United States Court of Appeals, Third Circuit.

Decided May 1, 1989.

Rehearing and Rehearing Denied June 7, 1989.

Attorney(s) appearing for the Case

Ernest D. Preate, Jr., Atty. Gen., Thomas F. Halloran, Sr. Deputy Atty. Gen., John G. Knorr, III, Chief Deputy Atty. Gen., Chief, Litigation Section, Calvin R. Koons, Deputy Atty. Gen., Office of Atty. Gen., Pittsburgh, Pa., for The Commonwealth of Pennsylvania, et al. third party defendants/appellants.

Donald Driscoll, Neighborhood Legal Services Ass'n, Pittsburgh, Pa., for Inmates of Allegheny County, et al., plaintiffs/appellees.

James J. Dodaro, County Sol., George C. Diamantopulos, Asst. County Sol., Allegheny County Law Dept., Pittsburgh, Pa., for Cyril H. Wecht, et al., defendants/appellees.

Before GIBBONS, Chief Judge, and BECKER and NYGAARD, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) April 17, 1989.

Rehearing and Rehearing In Banc Denied June 7, 1989.

OPINION OF THE COURT

GIBBONS, Chief Judge:

The Commonwealth of Pennsylvania appeals from the denial of a motion to dismiss a third-party complaint filed against it by Allegheny County. This complaint names the Commonwealth, the Commonwealth Department of Corrections, David S. Owens, Jr., the...

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