Eighth, Thirteenth and Fourteenth Amendments to the Constitution of the United States. They seek damages authorized by the Civil Rights Act and under the aforesaid Amendments. They allege the matter in controversy exceeds $10,000, exclusive of interest and costs.
Jurisdiction is invoked pursuant to 42 U.S.C. §§ 1981, 1983 and 1985 of the Civil Rights Act and its jurisdictional counterpart, 28 U.S.C. § 1343(3) and (4), as well as under 28 U.S.C. § 1331, federal questions, and § 1332, diversity of citizenship.
The City of Pittsburgh filed a motion to dismiss the action, inter alia, on the ground that the complaint fails to state a claim against defendant, City of Pittsburgh, upon which relief can be granted. Three grounds are specified:
(a) The City is not subject to suit under the Civil Rights Act of 1870 and 1871, 42 U.S.C. §§ 1981, 1983 and 1985