Toner v. McGovern

Opinion by

Judge Williams, Jr.,

Plaintiff, Richard J. Toner, filed a civil rights action pursuant to 42 U.S.C. §1983 against a common pleas judge,1 assistant district attorney,2 and an assistant public defender,3 and invokes the original jurisdiction of this Court under Section 761(a)(1) of the Judicial Code, 42 Pa. C. S. §761(a)(l). The defendants have filed preliminary objections to the complaint in the nature of a demurrer, which also attack plaintiff’s standing, method of service and raises the affirmative defense of judicial immunity.

Plaintiff’s complaint alleges that the named defendants,…