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PHILLIPS v. COUNTY OF ALLEGHENY

No. 06-2869.

515 F.3d 224 (2008)

Jeanne PHILLIPS, Administratrix of the Estate of Mark Phillips, deceased, Appellant v. COUNTY OF ALLEGHENY; Northwest Regional Communications; Allegheny County 9-1-1, f/k/a Northwest Regional Communications; Daniel Nussbaum; Danielle Tush; Brian Craig; Leonard Deutsch; Ryan Ging; Susan Zurcher; Philip Cestra.

United States Court of Appeals, Third Circuit.

Filed February 5, 2008.

Attorney(s) appearing for the Case

Philip A. Ignelzi, Esq. (Argued), Michael A. Murphy, Esq., Ogg, Cordes, Murphy & Ignelzi, Pittsburgh, PA, for Appellant.

Scott G. Dunlop, Esq., Stephen J. Poljak, Esq. (Argued), Alan E. Johnson, Esq., Marshall, Dennehey, Warner, Coleman & Goggin, Pittsburgh, PA, for Appellees Northwest Regional Communications, Nussbaum, Tush, Craig, Deutsch, Ging, Zurcher, and Cestra.

Wendy Kobee, Esq., Michael H. Wojcik, Esq., Office of Allegheny County Law Department, Pittsburgh, PA, for Appellees County of Allegheny and Allegheny County 911.

Before: FISHER, NYGAARD, and ROTH, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Jeanne Phillips ("Phillips"), individually and in her capacity as administrator of the estate of her son, decedent Mark Phillips, appeals the District Court's dismissal of her claims against various defendants for violations of 42 U.S.C. § 1983. The District Court, in deciding a motion under FED.R.CIV.P. 12(b)(6), was required to accept as true all factual allegations in the complaint and draw all inferences...

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