Kach v. Hose, No. 08-3921 - Injury & Tort Law - U.S. Third Circuit
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Kach v. Hose, No. 08-3921

In plaintiff's 42 U.S.C. section 1983 action against a former middle school security guard, whom she had run away with when she was fourteen years old and had been living with until the law enforcement authorities' discovery, various other individuals and her former middle school, district court's dismissal of all of plaintiff's claims is affirmed where: 1) summary judgment on statute of limitation grounds is affirmed as plaintiff forewent her right to relief in federal court by waiting too long to assert her rights; 2) summary judgment for the former security guard is affirmed as he was not acting under color of law; and 3) district court's dismissal of plaintiff's state law claims are affirmed.     

Read Kach v. Hose, No. 08-3921

Appellate Information

On Appeal from the United States District Court for the Western District of Pennsylvania

Opinion Filed December 23, 2009

Judges

Before: Smith, Fisher, and Nygaard, Circuit Judges

Opinion by Circuit Judge  Fisher

Counsel:

For Appellant:  Lawrence H. Fisher, Collin & Willwerth

For Appellee:  P. Brennan Hart, Jeanette Ho, Ronald R. Lucas