Orlando v. Baltimore & Ohio Railroad
Orlando v. Baltimore & Ohio Railroad
Opinion of the Court
OPINION OF THE COURT
This is an appeal from the Order of the District Court granting the defendants’ motions for summary judgment in their favor in the plaintiff’s Civil Rights action filed April 7, 1969.
The District Court premised its Order on its view that (1) the plaintiff’s action was barred by the applicable Pennsylvania Statutes of Limitations; and (2) the alleged wrongful conduct of the defendant was not “under color of state law,” in the sense used in the civil rights statutes.
The Complaint here charged the defendants with slander, libel and malicious prosecution, and wrongful deprivation of rights which caused him “pain and anguish”, “loss of reputation” and monetary damages. The Pennsylvania Statutes of Limitations provide that actions for slander, libel and malicious prosecution must be brought within one year,
Our conclusion in this respect makes it unnecessary to consider the other ground assigned by the District Court for its Order, viz., that the alleged wrongs were not committed “under color of state law.”
The Order of the District Court will be affirmed.
. Jurisdiction was premised on 28 U.S.C.A. §§ 1331, 1343; and 42 U.S.C.A. §§ 1983, 1985.
. 12 P.S. §§ 32, 51.
. 12 P.S. § 34.
Reference
- Full Case Name
- Michael A. ORLANDO v. BALTIMORE & OHIO RAILROAD COMPANY, Pittsburgh, Pennsylvania, Association of American Railroads, Pennsylvania Station, Pittsburgh, Pennsylvania
- Status
- Published