Bailey, Jo Ellen v. Ness, J. Christian, Individually Garber, Daniel, Individually and Northern Regional Police Dept

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This case involves an appeal by Jo Ellen Bailey (“Bailey”) from the district court’s summary judgment order dismissing her civil rights claims brought under 42 U.S.C. §§ 1983, 1985(3) against appellee, J. Christian Ness (“Ness”). The district court based its dismissal on a theory of collateral estoppel because it concluded that the issues on which Bailey seeks relief already have been decided in a state court criminal proceeding which resulted in Bailey's conviction. An appeal from that conviction is still pending in Pennsylvania…