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MOVE ORG. v. MALMED

January 10, 1983

MOVE ORGANIZATION
v.
JUDGE EDWIN S. MALMED



The opinion of the court was delivered by: GILES

 GILES, J.

 The Move Organization brings this civil rights action against Philadelphia Common Pleas Judge Malmed, the City of Philadelphia, and the State of Pennsylvania over Judge Malmed's conduct of a trial which resulted in the conviction of nine Move members. The complaint is utterly frivolous, inter alia, because: (1) Judge Malmed has absolute immunity, (2) the state has eleventh-amendment immunity; (3) the only allegations concerning the city and state are that they have "corporate links" to Judge Malmed and enforced judgment; (4) the judgment collectively estops Move.

 An appropriate order follows.

 ORDER

 AND NOW, this 10th day of January, 1983, it is hereby ORDERED that:

 1. The motion to proceed in forma pauperis is DENIED for the reasons given in Move Organization v. United States Department of Justice, Civil Action No. 82-143 (E.D. Pa. Nov., 1982).

 2. The complaint is DISMISSED as frivolous because plaintiff lacks standing, see id., and for the reasons given in the accompanying memorandum.

19830110

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