James E. Garrison, Appellant, v. the County of Bernalillo and the County of Santa Fe, Appellees, 338 F.2d 1002 (10th Cir. 1964)

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US Court of Appeals for the Tenth Circuit - 338 F.2d 1002 (10th Cir. 1964) December 8, 1964

Before MURRAH, Chief Judge, and PICKETT and SETH, Circuit Judges.


The trial Court authorized the filing of this suit in forma pauperis against the Counties of Bernalillo and Santa Fe, New Mexico, as one cognizable under the Civil Rights Act (42 U.S.C. § 1983, R.S. § 1979). The trial Court dismissed the same without authorizing service, on the ground that the defendant counties were not within the ambit of the statute, as construed in Monroe v. Pape, 365 U.S. 167, 81 S. Ct. 473, 5 L. Ed. 2d 492.

We agree, and the judgment is affirmed.