James E. Bush v. William B. Robinson (Warden), County Jail, Allegheny (County of Allegheny) — Dismissed 5/22/70
442 F.2d 393
3rd Cir.
1971
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OPINION OF THE COURT

PER CURIAM:

Appellant allegedly contracted trench mouth in the County Prison of Allegheny County, Pennsylvania, while confined there awaiting trial. He brought a civil rights action under 42 U.S.C. § 1983 which, upon motion, was dismissed by the district court. The action was properly dismissed against the County of Allegheny. A municipality is not a person contemplated by the Civil Rights Act of 1871. United States ex rel. Gittlemacker v. County of Philadelphia, 413 F.2d 84, 86 (3 Cir. 1969). The action was also properly dismissed *394 against the Warden because the allegations contained in the complaint rose “no higher than an averment of a tort.” United States ex rel. Gittlemacker v. County of Philadelphia, supra, 413 F.2d 84, 87. The negligence alleged by appellant is not cognizable un.der the Civil Rights Act.

The judgment of the district court will be affirmed.