76 Pa. Commw. 15 | Pa. Commw. Ct. | 1983
Memorandum Opinion bv
This ease, instituted in Huntingdon County, is almost identical to the one decided by this court in Lynch v. Johnston, (No. 8 T.D. 1983, filed July 27, 1983). We there affirmed an order of the trial court of Juniata County which sustained a demurrer to Mr. Lynch’s complaint and dismissed his case with prejudice. The same action was taken by the trial court in the case now before us. In the Johnston case, we wrote rather extensively regarding the various issues raised by Mr. Lynch, who is also the Plaintiff
After extensive pleadings including a complaint, an amended complaint and a motion for second amended complaint by the Plaintiff and preliminary objections to each pleading by the Defendant,
The gravamen of the action appears to be that Plaintiff was arrested on a charge of. forgery by Trooper Pierotti of the Pennsylvania State Police on
The Defendant demurred to the complaint on the ground that he was immune from suit. As we have noted, the trial judge agreed and dismissed the complaint with prejudice.
Plaintiff argues that here he has sued Trooper Pierotti in bis individual capacity. The problem is that in his amended complaint, Plaintiff incorporates by reference the exhibits attached to his original complaint, one of which is the warrant for Plaintiff’s arrest signed by Trooper Pierotti in his official capacity. It is obvious then that whatever actions Trooper Pierotti took here were in his official capacity as a member of the Pennsylvania State Police. In J ohnston we discussed the immunity provisions of the law as applicable to officers of the Pennsylvania State Police in the performance of their official duties and find those same provisions applicable here. Plaintiff’s argument that someone other than the arresting officer transported him to the preliminary hearing somehow infringes upon his civil rights is totally without merit. Plaintiff’s attempt to bring himself within the federal Civil Eights Act, 52 U.S.C. §1983 by averring that there was a meeting between
As was true in Johnston, the trial judge here exhibited great sympathy for Plaintiff’s lack of legal expertise but the trial judge is not required to plead the Plaintiff’s case nor to draft his complaint.
Order affirmed.
Order
The order of the Court of Common Pleas of Huntingdon County, dated November 29, 1982, is affirmed.
Appellant herein.
Trooper Pierotti, Appellee herein.