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BRIGHT v. WESTMORELAND COUNTY

No. 03-4320.

380 F.3d 729 (2004)

John BRIGHT, Individually and in his capacity as Administrator of the Estate of Annette Bright, deceased, Appellant v. WESTMORELAND COUNTY; Tami Whalen, Individually and in her capacity as a Probation Officer for Westmoreland County; Richard Yesko, Individually and in his capacity as a Probation Officer for Westmoreland County; Anthony C. Guinta, Individually and in his capacity as Probation Supervisor for Westmoreland County; City of Monessen; Carl Franzaglio, Individually and in his capacity as a Police Officer for the City of Monessen; Paul S. Kuntz, Individually and in his capacity as Court Administrator for the Westmoreland County Court of Common Pleas; John Peck, Individually and in his capacity as District Attorney of Westmoreland County; Charles Koschalk.

United States Court of Appeals, Third Circuit.

Filed August 24, 2004.

Attorney(s) appearing for the Case

Peter M. Suwak, (Argued), Washington, PA, for Appellant.

Thomas P. Pellis, (Argued), Meyer, Darragh, Buckler, Bebenek & Eck, Greensburg, PA, for Appellee County of Westmoreland, et. al.

Thomas P. McGinnis, (Argued), Thomas, Thomas & Hafer, Pittsburgh, PA, for Appellee City of Monessen, et. al.

Mary E. Butler, (Argued), Supreme Court of Pennsylvania, Administrative Office of PA Courts, Philadelphia, PA, for Paul S. Kuntz, etc.

Before NYGAARD, McKEE, and CHERTOFF Circuit Judges.

NYGAARD, Circuit Judge.

I.

John Bright appeals the dismissal of his complaint. Bright's claims arose when Charles Koschalk murdered one of Bright's daughters, Annette. At the time of the murder, Koschalk was on probation after pleading guilty to corrupting the morals of Annette Bright's sister. The District Court dismissed all of Bright's claims. We have jurisdiction under 28 U.S.C. § 1291 and exercise plenary review over the District Court's order...

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