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BECK v. MONROE COUNTY CORRECTIONAL FACILITY

United States District Court, M.D. Pennsylvania
Apr 26, 2007
CIVIL ACTION NO. 1:07-CV-0294 (M.D. Pa. Apr. 26, 2007)

Opinion

CIVIL ACTION NO. 1:07-CV-0294.

April 26, 2007


ORDER


AND NOW, this 26th day of April, 2007, upon consideration of the motion to dismiss (Doc. 18) plaintiff's § 1983 civil rights complaint (Doc. 1) pursuant to FED. R. CIV. P. 12, filed on behalf of the Monroe County Correctional Facility, and it appearing that a prison or correctional facility is not a person withing the meaning of § 1983, see Fischer v. Cahill, 474 F.2d 991, 992 (3d Cir. 1973), it is hereby ORDERED that the motion (doc. 18) is GRANTED. The Clerk of Court is directed to TERMINATE defendant Monroe County Correctional Facility.

In order to state a viable civil rights claim under § 1983, a plaintiff must establish that (1) the alleged wrongful conduct was committed by a person acting under color of state law, and (2) the conduct deprived him of a right, privilege, or immunity secured by the Constitution or laws of the United States. Nicini v. Morra, 212 F.3d 798, 806 (3d Cir. 2000); Schiazza v. Zoning Hearing Bd., 168 F. Supp.2d 361, 372 (M.D.Pa. 2001).


Summaries of

BECK v. MONROE COUNTY CORRECTIONAL FACILITY

United States District Court, M.D. Pennsylvania
Apr 26, 2007
CIVIL ACTION NO. 1:07-CV-0294 (M.D. Pa. Apr. 26, 2007)
Case details for

BECK v. MONROE COUNTY CORRECTIONAL FACILITY

Case Details

Full title:HAROLD J. BECK, Plaintiff v. MONROE COUNTY CORRECTIONAL FACILITY et al.…

Court:United States District Court, M.D. Pennsylvania

Date published: Apr 26, 2007

Citations

CIVIL ACTION NO. 1:07-CV-0294 (M.D. Pa. Apr. 26, 2007)