William J. Bauers, Jr. v. Herbert T. Heisel, Jr

KALODNER, Chief Judge

(concurring in the result).

I concur in the overruling of our holding in Picking v. Pennsylvania R. Co., 151 F.2d 240 (3 Cir., 1945).

I also concur in the affirmance of the District Court’s Order dismissing the Complaint for the sole reason that in my opinion the sweep of the Civil Rights Act, 42 U.S.C.A. Sec. 1983, R.S. Sec. 1979 does not extend to a cause of action such as that which the Complaint asserts.

Since I am of the view that the Complaint fails to state a cause of action under the Civil Rights Act, I do not reach the majority’s holding with reference to the extension of the doctrine of “judicial immunity” to prosecuting attorneys.