Opinion

Gallagher v. Pennsylvania Board of Probation and Parole

  • 287 F. Supp. 610
Court
District Court, E.D. Pennsylvania
Filed
Mar 18, 1968
Status
Published
On the bench
Fullam
Cited by
3 cases
Authority
More cited than 63.5%

The opinion

287 F.Supp. 610 (1968)

Owen Leroy GALLAGHER, Plaintiff,

v.

PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Harrisburg, Pennsylvania, Defendant.

Civ. A. No. 68-588.

United States District Court E. D. Pennsylvania.

March 18, 1968.

Louis Lipschitz, Philadelphia, Pa., for petitioner.

MEMORANDUM

FULLAM, District Judge.

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. Pennsylvania *611 Board of Parole, 263 F.Supp. 450 (M.D.Pa.1967).

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 pauperis, and petition for the appointment of counsel, will be denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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