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INDORATO v. PATTON

Civil No. 97-2429.

994 F.Supp. 300 (1998)

Anthony M. INDORATO, Plaintiff, v. Kip PATTON, Defendant.

United States District Court, E.D. Pennsylvania.

February 2, 1998.

Attorney(s) appearing for the Case

Richard J. Orloski, Orloski & Hinga, Allentown, PA, for Plaintiff.

Anthony M. Indorato, Macungie, PA, pro se.

MEMORANDUM

CAHN, Chief Judge.

This case presents the question of whether a varsity football player on an athletic scholarship at a state higher educational institution, who attacks and injures a referee during a game, acts under color of state law for purposes of 42 U.S.C.A. § 1983 (West 1994 & Supp.1997). The court finds that the answer is no and dismisses this case, without prejudice, for lack of subject matter jurisdiction.

I...

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