Weisman v. Sherry

MEMORANDUM AND ORDER

I. INTRODUCTION

NEALON, Chief Judge.

This case concerns the scope of the state action requirement in 42 U.S.C. § 1983. 1 On June 6, 1978, Lawrence Sherry accused James P. Weisman of theft in a private criminal complaint filed before District Justice Ronald W. Swank of Mountaintop, Pennsylvania. In the current litigation, Weisman claims that his constitutional rights were violated, because Sherry lacked probable cause to make such an allegation. The defendant has moved to dismiss the pleadings for failure to state a claim upon which relief can be granted. Fed.R.Civ.P.…