578 F. Supp. 143 | E.D. Pa. | 1983
MEMORANDUM AND ORDER
Plaintiff John J. Unger filed this action pursuant to 42 U.S.C. § 1983. The complaint alleges, inter alia, that several members of the Whitehall Township Police Department, together with a private citizen and resident of the township, violated plaintiff’s civil rights by unlawfully detaining, physically abusing and arresting him without probable cause.
Defendant Frank T. Hacker has moved for dismissal on the grounds that his status as a private citizen precludes any liability on his part as to the plaintiff’s civil rights claim. Specifically, he contends that, as a private citizen, his actions cannot be shown to have been under color of state law as required by the statute. We disagree.
The defendant ignores Paragraph 30 of the complaint which alleges that he aided, abetted and conspired with the police defendants in depriving plaintiff of his civil