Tunstall v. Office of Judicial Support of the Court of Common Pleas
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
The question presented in this appeal is whether a purchaser of property at a sale conducted by a municipality to collect delinquent taxes acts under color of state law for purposes of 42 U.S.C. §§ 1983, 1988. We conclude that the buyer is not a state actor in that circumstance nor in later filing an action to quiet title in state court. Accordingly, we will affirm an order of the district court denying a request for an assessment of counsel fees against the purchaser.
*632After the parties in the underlying litigation settled their dispute, plaintiff Joseph…
2Cases cited19 opinions
- Polk County v. DodsonSupreme Court of the United States · 1981
- Lugar v. Edmondson Oil Co.Supreme Court of the United States · 1982
- Fuentes v. ShevinSupreme Court of the United States · 1972
- Flagg Bros., Inc. v. BrooksSupreme Court of the United States · 1978
- Pennzoil Co. v. Texaco Inc.Supreme Court of the United States · 1987
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3Cited by3 opinions
- Loftus v. Southeastern Pennsylvania Transportation AuthorityDistrict Court, E.D. Pennsylvania · 1994
- Tunstall v. Office of Judicial Support of Court of Common Pleas of Delaware CountyCourt of Appeals for the Third Circuit · 1987
- Metropolitan Hospital v. ThornburghDistrict Court, E.D. Pennsylvania · 1987