Gallagher v. Pennsylvania Board of Probation & Parole
District Court, E.D. Pennsylvania
Gallagher v. Pennsylvania Board of Probation & Parole, 287 F. Supp. 610 (1968)
1968 U.S. Dist. LEXIS 9506
Gallagher v. Pennsylvania Board of Probation & Parole
Opinion of the Court
MEMORANDUM
The named defendant is not a “person” within the meaning of 42 U.S. C.A. § 1983, and may not be sued thereunder. Williams v. Craven, 273 F.Supp. 649 (C.D.Calif. 1967); Taylor v. Penn
The allegations of the complaint are insufficient to raise any issue of constitutional dimension. Moreover, the plaintiff made similar allegations in his petition for habeas corpus, but failed to produce any evidence to support the charges (Misc. No. 3530).
For the foregoing reasons, plaintiff’s petition for leave to proceed in forma pau/peris, and petition for the appointment of counsel, will be denied.
Reference
- Full Case Name
- Owen Leroy GALLAGHER v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Harrisburg, Pennsylvania
- Cited By
- 1 case
- Status
- Published