Gaito v. Strauss

Decision Date08 November 1966
Docket NumberNo. 15842.,15842.
PartiesJoseph GAITO, Appellant, v. Samuel STRAUSS, Edward E. Fagan, Ralph B. Miller, Gregory Scorzafave, Jr., Edward C. Boyle, William Clany Smith, Dennis Timpona, Mike Levine, Robert W. Duggan, Edwin J. Martin et al.
CourtU.S. Court of Appeals — Third Circuit

Joseph Gaito, pro se.

Maurice Louik, and Francis A. Barry, Pittsburgh, Pa. (Barry E. Wood, Pittsburgh, Pa., on the brief), for appellees Fagan and others.

Thomas J. Reinstadtler, Jr., Egler, McGregor & Reinstadtler, Pittsburgh, Pa., for appellee Mike Levine.

Before FORMAN, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

This is an appeal from the order of the United States District Court for the Western District of Pennsylvania dismissing an action under 42 U.S.C. §§ 1983 and 1985 for alleged deprivation of the constitutional rights of appellant, Joseph Gaito, in that the appellees conspired to convict the appellant of certain crimes in the courts of Pennsylvania through the use of illegally obtained evidence, perjured testimony, and other violations of appellant's constitutional rights. The appellant was in fact convicted of these crimes in November 1959. The details of the allegations and the factual background of the case are presented at length in the comprehensive opinion of the District Court reported at 249 F.Supp. 923 (1966). The complaint requested both damages and equitable "relief from the illegally contrived judgment."

To the extent that the complaint sought damages, we affirm on the basis of the District Court's conclusion that the action was barred by applicable statutes of limitations. 249 F.Supp. at 931-933. This disposition makes unnecessary any discussion of the other grounds argued by appellant against the judgment of the District Court on the damage phase.

Appellant's claim for equitable relief would not, however, be barred by these limitations. See 2 Moore, Federal Practice, § 3073 (1965). But the District Court could not treat his civil rights complaint as a petition for habeas corpus since the warden of the state prison in which the appellant was incarcerated was not a party, nor does it appear that the complaint alleged other prerequisites for relief under 28 U.S.C. § 2254. Moreover, as the District Court observed, no other form of equitable relief was applicable. 249 F.Supp. at 930.

Finally, the appellant notes specially in his reply brief that in the interim...

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  • Adams v. Carlson
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • August 23, 1973
    ...v. Ray, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967); Gaito v. Strauss, 249 F.Supp. 923 (W.D.Pa.), aff'd on other grounds, 368 F.2d 787 (3d Cir. 1966); Bowens v. Knazze, 237 F.Supp. 826 (N.D.Ill.1965). We are presently concerned with injunctive relief aimed at vacating the prior decis......
  • Hill v. Nelson
    • United States
    • U.S. District Court — Northern District of California
    • August 24, 1967
    ...Collins v. State of Maryland, 264 F.Supp. 629 (D.Md.1967); Cf. Gaito v. Strauss, 249 F.Supp. 923 (W.D.Pa.1966), aff'd per curiam, 368 F.2d 787 (3rd Cir. 1966) cert. denied, 386 U.S. 977, 87 S.Ct. 1173, 18 L.Ed.2d 139 The principles and reasoning cited above seem persuasive to this Court. In......
  • West v. State of Louisiana
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • September 5, 1973
    ...1717, 26 L.Ed.2d 78; Mihailoviki v. California, 9 Cir. 1966, 364 F.2d 808; King v. California, 9 Cir. 1966, 356 F.2d 950; Gaito v. Strauss, 3 Cir. 1966, 368 F.2d 787, cert. denied, 1967, 386 U.S. 977, 87 S.Ct. 1173, 18 L.Ed.2d 139; Dunbar v. Cranor, 9 Cir. 1953, 202 F.2d Though the State as......
  • Guerro v. Mulhearn
    • United States
    • U.S. Court of Appeals — First Circuit
    • June 24, 1974
    ...v. Schmidt, 321 F.Supp. 68 (W.D.Wis.1971); see also Gaito v. Strauss, 249 F.Supp. 923, 930 (W. D.Pa.), aff'd on different grounds, 368 F.2d 787 (3rd Cir. 1966), cert. denied, 386 U.S. 977, 87 S.Ct. 1173, 18 L.Ed.2d 139 (1967); cf. Ray v. Fritz, 468 F.2d 586 (2d Cir. 1972); Ney v. California......
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