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JONES v. McELROY

Civ. A. Nos. 76-1532, 76-3542.

429 F.Supp. 848 (1977)

Lorraine JONES, Administratrix of the Estate of Anthony Stevie Jones, Deceased, and Lorraine Jones, in her own right v. Thomas McELROY, Individually and as Police Officer in the Police Department of the City of Philadelphia, and City of Philadelphia. George Victor ZUBER, a minor, by his parent and natural guardian, et al. v. Police Officer William JONES, Badge 2395, and City of Philadelphia.

United States District Court, E. D. Pennsylvania.

March 30, 1977.

Attorney(s) appearing for the Case

Benjamin Kuby, Philadelphia, Pa., for plaintiff Jones.

Richard F. Furia, Philadelphia, Pa., for plaintiff Zuber.

Thaddeus J. Bartkowski, Asst. City Sol., Philadelphia, Pa., for defendants.

OPINION

LUONGO, District Judge.

These are civil rights suits against police officers and their employer, the City of Philadelphia. Jurisdiction in each action is based upon 28 U.S.C. §§ 1331(a) and 1343(3). The claims arise under the Civil Rights Act of 1871 and various provisions of the Federal Constitution, and plaintiffs also seek to assert pendent state tort law claims. The cases are before me on motions to dismiss, Fed.R.Civ.P. 12(b).

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