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Goslee v. Crawford

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: May 27, 1969.

WILLIAM R. GOSLEE, APPELLANT,
v.
SERGEANT EARNEST CRAWFORD, CITY POLICE OFFICER, NEW CASTLE, PENNSYLVANIA

Hastie, Chief Judge, and Freedman and Stahl, Circuit Judges.

Author: Per Curiam

Opinion OF THE COURT

The plaintiff is a state prisoner, convicted and sentenced on his plea of guilty. Thereafter, he instituted this civil action against the arresting officer for money damages. Citing section 1983 of title 42, United States Code and section 1343 of title 28 as the jurisdictional bases of the action, he claims that the defendant has violated his civil rights guaranteed by the Constitution and laws of the United States. The district court dismissed the complaint as failing to state a cause of action.

The complaint alleges an invasion without warrant of the home of the "supporting witness", the arrest of the plaintiff when the warrant for his arrest was at the police station rather than in the possession of the arresting officer, and the refusal of the arresting officer to take plaintiff before a magistrate prior to taking him to the police station. We agree with the district court that the complaint does not state a cause of action. Cf. Negrich v. Hohn, 3d Cir. 1967, 379 F.2d 213; United States ex rel. Hoge v. Bolsinger, 3d Cir. 1962, 311 F.2d 215.

The judgment will be affirmed.

Disposition

The judgment will be affirmed.

19690527

© 1998 VersusLaw Inc.



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