MEMORANDUM AND ORDER
JOSEPH S. LORD, III, District Judge.
The plaintiffs have applied for leave to file and prosecute a claim under the Civil Rights Act, 42 U.S.C. § 1981 et seq., without payment of court costs pursuant to 28 U.S.C. § 1915. Fairly summarized, Lawrence Washington and his wife claim substantial damages for a severe beating subsequent to their arrest on May 28, 1968. They allege that racial slurs were used during the arrest and beating, that Mrs. Washington was clubbed trying to retrieve her child, and that when Lawrence Washington went to her aid "rains of blows" fell upon him. Finally, they claim they were beaten solely because they are Negroes.
Insofar as the complaint purports to state a claim under Title 42 U.S.C. § 1983, it is patently without merit. Neither a municipal corporation,
such as Chester, nor its police department
is a "person" within the meaning of § 1983. However, Title 42 U.S.C. § 1981 provides in pertinent part:
"All persons within the jurisdiction of the United States shall have the same right in every State * * * to the benefit of all laws * * * for the security of persons * * * as is enjoyed by white citizens * * *."