Max v. Republican Comm. of Lancaster County, No. 08-4158

In plaintiff's 42 U.S.C. section 1983 action against the defendants claiming violation of her First Amendment rights of free speech and expression during a primary election campaign for judgeship on the County Court of Common Pleas, district court's order granting defendant's motion to dismiss is affirmed as defendants are not state actors and their actions toward plaintiff were not state actions that would subject defendants to section 1983 claims.   

Read Max v. Republican Comm. of Lancaster County, No. 08-4158

Appellate Information

On Appeal from the United States District Court for the Eastern District of Pennsylvania

(D.C. No. 2-07-cv-04488)  

District Judge: Honorable James T. Giles

Opinion Filed November 13, 2009

Judges

Before:  Sloviter, Fuentes, and Hardiman, Circuit Judges

Opinion by Sloviter, Circuit Judge 

Counsel

Counsel for Appellant:  Paul A. Rossi, Robert M. Frankhouser, Jr., Kevin M. French, Hartman Underhill & Brubaker LLP.

Counsel for Appellee:   Mark D. Schwartz