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NELSON v. COUNTY OF ALLEGHENY

No. 94-3511.

60 F.3d 1010 (1995)

Tammy NELSON, (J.D. # 10); Arleigh Eddy, (J.D. # 17); Ida Kaufman, (J.D. #26); Sandy Saunders, (J.D. # 47); Donna Skuta, (J.D. # 52); Janet Cocchi, (J.D. # 12); Mary Beddingfield, (J.D. # 7), v. COUNTY OF ALLEGHENY, (The "County"); Charles R. Kozakiewicz, Warden of the Allegheny County Jail; City of Pittsburgh, (the City); Mayer Deroy, Assistant Chief of the City Lockup at the time of the incidents complained of, being sued in their official and individual capacities Judy Dick,* (J.D. # 16); Valerie Zyskowski,* (J.D. # 60); Janet Cocchi, (J.D. # 12); and Mary Beddingfield, (J.D. # 7) (* Pursuant to Rule 12(a), F.R.A.P.), Appellants.

United States Court of Appeals, Third Circuit.

Decided July 18, 1995.

Attorney(s) appearing for the Case

A. Lawrence Washburn, Jr. (argued), Legal Center for Defense of Life, New York City, for appellants.

Brian S. Kane (argued), Stacey F. Vernallis, Pietragallo, Bosick & Gordon, Pittsburgh, PA, for appellees, County of Allegheny and Charles R. Kozakiewicz.

Susan E. Malie, City of Pittsburgh, Dept. of Law, Pittsburgh, PA, for appellees, City of Pittsburgh and Mayer Deroy.

Before: BECKER, SCIRICA, and WOOD, Jr., Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

For claims subject to federal statutes of limitations, commencement of a class action tolls the running of the statute for all purported members of the class, but upon denial of class certification, the tolling period ends. In this appeal we must decide whether the Pennsylvania Supreme Court would continue the tolling period of a state statute of limitations beyond a district court's denial of class certification...

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