United States Third Circuit
Max v. Republican Comm. of Lancaster County, 08-4158
In plaintiff's 42 U.S.C. section 1983 action against 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, grant of 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.
Appellate Information
- Argued 10/28/2009
- Decided 11/13/2009
- Published 11/13/2009
Judges
- Before: SLOVITER, FUENTES, and HARDIMAN, Circuit Judges.
Court
- United States Third Circuit
Counsel
- For Appellant:
- Paul A. Rossi, (Argued), Mountville, PA, Attorney for Appellant., Mark D. Schwartz, Bryn Mawr, PA, Attorney for Amicus Democracy Rising PA.
- For Appellees:
- Robert M. Frankhouser, Jr., Kevin M. French, (Argued), Hartman, Underhill & Brubaker LLP, Lancaster, PA, Attorneys for Appellees.