Legal Opinion

Durham v. McElynn

Supreme Court of Pennsylvania

Decided May 21, 2001No. Civil 10104-1998PublishedCited by 45 opinions

1Opinion of the Court

OPINION OF THE COURT

FLAHERTY, Chief Justice.

This is an appeal by allowance from an order of Superior Court which affirmed an order granting preliminary objections of the appellee, Christopher McElynn, in a tort action brought by the appellant, Warren Durham, Jr.

In 1996, while employed as an assistant district attorney in Erie County, McElynn prosecuted Durham for various crimes. Convictions were obtained, and, as a result, Durham is serving a sentence at the state correctional institution at Graterford. In 1998, Durham filed a tort action alleging that in the course of his prosecution various…

2Cases cited5 opinions

  1. Matson v. MargiottiSupreme Court of Pennsylvania · 1952
  2. Montgomery v. PhiladelphiaSupreme Court of Pennsylvania · 1958
  3. Mollan v. LindnerSupreme Court of Pennsylvania · 1996
  4. McCORMICK v. SpecterSuperior Court of Pennsylvania · 1971
  5. Mosley v. Observer Publishing Co.Superior Court of Pennsylvania · 1993

3Cited by45 opinions

  1. Douris v. SchweikerDistrict Court, E.D. Pennsylvania · 2002
  2. Feldman v. HoffmanCommonwealth Court of Pennsylvania · 2014
  3. Osiris Enterprises v. Borough of WhitehallCommonwealth Court of Pennsylvania · 2005
  4. Caristo v. Blairsville-Saltsburg Sch. Dist.District Court, W.D. Pennsylvania · 2019
  5. John Doe 1 v. Franklin CountyCommonwealth Court of Pennsylvania · 2016

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