Logical Minicomputers of Erie, Inc. v. Fox

OPINION

WEBER, District Judge.

Plaintiff alleges a cause of action under 42 U.S.C. § 1983 against defendant in his individual capacity. Defendant is and was at all times relevant to this action a County Commissioner of Armstrong County, Pennsylvania. A county commissioner in Pennsylvania is a member of the three person board which constitutes the governing body, legislative and executive of a county. It is alleged that defendant’s actions described in the complaint were done under *820color of state law because of defendant’s position as County Commissioner. Jurisdiction is asserted under 28 U.S.C.…