United States Third Circuit

In plaintiff's 42 U.S.C. section 1983 action against a former middle school security guard, whom she had run away with when she was fourteen years old and had been living with until the law enforcement authorities' discovery, various other individuals and her former middle school, district court's dismissal of all of plaintiff's claims is affirmed where: 1) summary judgment on statute of limitation grounds is affirmed as plaintiff forewent her right to relief in federal court by waiting too long to assert her rights; 2) summary judgment for the former security guard is affirmed as he was not acting under color of law; and 3) district court's dismissal of plaintiff's state law claims are affirmed.

Appellate Information

• Argued 10/29/2009
• Decided 12/23/2009
• Published 12/23/2009

Judges

• Before:  SMITH, FISHER and NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Lawrence H. Fisher, (Argued), Cohen & Willwerth, Pittsburgh, PA, Attorney for Appellant., P. Brennan Hart, Jeanette H. Ho, (Argued), Pietragallo, Gordon, Alfano, Bosick & Raspanti, Pittsburgh, PA, Attorneys for City of McKeesport, E. Michael Elias and Tom Carter., David S. Bloom, Ronald R. Lucas, Jr., (Argued), Maiello, Brungo & Maiello, Pittsburgh, PA, John F. Cambest, Dodaro, Kennedy & Cambest, Pittsburgh, PA, Attorneys for Tom Carter, Andrea Abrams, Debbie Burnette, McKeesport School Board, McKeesport School District, Dan Pacella and Robert Weinfurtner.