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Redding v. Walsh

decided: October 6, 1971.

BRUCE K. REDDING, APPELLANT,
v.
JOHN WALSH, MAGISTRATE AND EDWARD COHEN, CONSTABLE



Van Dusen, Aldisert and Gibbons, Circuit Judges.

Author: Per Curiam

Opinion OF THE COURT

This appeal from an order dismissing a civil rights action against one of two co-defendants without "an express determination that there is no just reason for delay and * * * an express determination for the entry of judgment" under F.R.Civ.P. 54(b) is not within the jurisdiction of this court and must be dismissed. Shipley Corp. v. Leonard Marcus Co., 214 F.2d 493, 495 (3d Cir. 1954); see United Bonding Insurance Company v. Stein, 410 F.2d 483 (3d Cir. 1969); 6 Moore, Federal Practice (2d Ed.), ยง 54.34(2), pp. 245-46. It is also noted that the co-defendant in whose favor the above order was entered was a state judicial officer and, hence, is immune from suit under the Civil Rights Acts. See Bauers v. Heisel, 361 F.2d 581 (3d Cir. 1966).*fn1

The appeal will be ...


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