U.S. Court of Appeals for the Tenth Circuit, 1964

James E. Garrison v. The County of Bernalillo and the County of Santa Fe

James E. Garrison v. The County of Bernalillo and the County of Santa Fe
U.S. Court of Appeals for the Tenth Circuit · Decided December 8, 1964 · Murrah, Per Curiam, Pickett, Seth
338 F.2d 1002; 1964 U.S. App. LEXIS 3664 (Federal Reporter, Second Series)

James E. Garrison v. The County of Bernalillo and the County of Santa Fe

Opinion

*1003 PER CURIAM.

The trial Court authorized the filing of this suit in forma pauperis against the Counties of Bernalillo and Santa Fe, New Mexico, as one cognizable under the Civil Rights Act (42 U.S.C. § 1983, R.S. § 1979). The trial Court dismissed the same without authorizing service, on the ground that the defendant counties were not within the ambit of the statute, as construed in Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492.

We agree, and 'the judgment is affirmed.

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