Basile v. Twp. of Smith

• Decision Date: 10 November 2010
• Docket Number: Civil Action No. 10–328.
• Parties: Teresa BASILE and Adam Huber, Plaintiffs,v.TOWNSHIP OF SMITH, Borough of Burgettstown, Michael North, individually and officially, and Amber Price, individually and officially, Defendants.
• Court: U.S. District Court — Western District of Pennsylvania

752 F.Supp.2d 643

Teresa BASILE and Adam Huber, Plaintiffs,

v.TOWNSHIP OF SMITH, Borough of Burgettstown, Michael North, individually and officially, and Amber Price, individually and officially, Defendants.

Civil Action No. 10–328.

United States District Court, W.D. Pennsylvania.

Nov. 10, 2010.

Gianni Floro, Moon Township, PA, for Plaintiffs.Karin Romano Galbraith, Thomas P. McGinnis, Thomas, Thomas & Hafer, Philip J. Sbrolla, Cipriani & Werner, P.C., Pittsburgh, PA, for Defendants.

OPINION

LENIHAN, United States Chief Magistrate Judge.

Currently pending before the Court in this civil rights action are two motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Defendants Township of Smith and Michael North (ECF No. 14), and Defendants Borough of Burgettstown and Amber Price (ECF No. 17). Plaintiffs instituted this lawsuit on March 11, 2010, under 42 U.S.C. § 1983, alleging violations of their constitutional rights under the Fourth and Fourteenth Amendments, and state law claims of malicious prosecution and false arrest. Plaintiffs also assert a Monell claim against the Defendants Township of Smith and Borough of Burgettstown (“Municipal Defendants”). This Court has subject matter jurisdiction over this case pursuant to 28 U.S.C. §§ 1331, 1343; supplemental jurisdiction exists over Plaintiff's state law claims under 28 U.S.C. § 1367. Venue lies in this district pursuant to 28 U.S.C. § 1391(b).

I. FACTUAL BACKGROUND & PROCEDURAL HISTORY

Plaintiffs allege the following facts in their Complaint, which the Court accepts as true for purposes of the motions to dismiss. Plaintiffs, Teresa Basile and her son, Adam Huber, resided in Burgettstown, Washington County, Pennsylvania, at all relevant times. Defendant Township of Smith (“Smith Township”) is a political subdivision of the Commonwealth of Pennsylvania and manages and administers law enforcement in the Township through its agent, the Smith Township Police Department. Defendant Borough of Burgettstown (“Burgettstown”) is a political subdivision of the Commonwealth of Pennsylvania and manages and administers law enforcement in the Borough through its agent, the Burgettstown Police Department. Defendant Michael North (“North”) was at all relevant times employed as a police officer with the Smith Township Police Department. Defendant Amber Price (“Price”) was at all relevant times employed as a police officer with the Burgettstown Police Department. (Compl. ¶¶ 1–7, ECF No. 1.)

On March 21, 2008,¹ at approximately 1:30 a.m., Plaintiffs were awakened by the sounds of their house being broken into. Each came to the door of their second-floor bedrooms to assess the situation. (Compl., ¶¶ 12–13.) Defendants North and Price (collectively “Defendant Officers”), carrying flashlights, ran up the stairs towards them. ( Id. at ¶¶ 13–14.) North shouted at Plaintiffs to “[p]ut your hands in the air.” Plaintiff Huber asked if the Defendant Officers had a warrant, but got no response. ( Id. at ¶¶ 15–17.) Officer North began to search Plaintiff Huber's bedroom, while Officer Price led Plaintiff Basile downstairs to the kitchen. ( Id. at ¶¶ 17–18.) Officer Price indicated that the search was for drugs. ( Id. at ¶ 18.) Officer North asked Huber if there were any weapons in the house. Huber told North that a registered handgun was located under Plaintiff Basile's bed. ( Id. at ¶ 19.)

Plaintiffs were interrogated separately and then handcuffed and taken to the Burgettstown Police Station, allegedly without reading them their Miranda rights or, in the case of Plaintiff Huber, being allowed to properly dress or urinate. ( Id. at ¶ 20.) After further interrogation at the station, Plaintiffs were released and subsequently, on March 24, 2008, a criminal complaint was filed charging both Plaintiffs with violating the following laws:

One count of Aiding the Consummation of Crime, under 18 Pa. Cons. Stat. § 5017 §§ A;

One count of Disorderly Conduct, under 18 Pa. Con. Stat. § 5503, graded as a summary offense;

One count of Attempted Manufacture, Delivery, or Possession of Controlled Substance with Intent to Manufacture or Deliver, under 18 Pa. Cons. Stat. § 901 §§ A;

Three counts of Conspiracy to Manufacture, Deliver, or Possess a Controlled Substance with Intent to Manufacture or Deliver, under 18 Pa. Cons. Stat. § 903 §§ A2;

One count of Intentionally Possessing a Controlled Substance by a Person not Registered, under 35 Pa. Cons. Stat. § 780–113 §§ A16;

Two counts of Manufacture, Delivery, or Possession of Controlled Substance with Intent to Manufacture or Deliver, under 35 Pa. Cons. Stat. § 780–113 §§ A30; and

Ten counts of Use or Possession of Drug Paraphernalia, under 35 Pa. Cons. Stat. § 780–113 §§ A32, for a total of nineteen charges.

Id. at ¶¶ 20–21; Police Criminal Compl., CR–67–08 (ECF No. 19–1). ² The affidavit of probable cause submitted in support of the criminal complaint indicates that during the execution of a narcotics search warrant at Plaintiffs' residence,³ the Defendant Officers found drug residue, paraphernalia, and supplies in various locations throughout the residence. (Police Criminal Compl., CR–67–08 (ECF No. 19–1).) In addition, the Defendant Officers also found a properly registered handgun in a bedroom shared by Plaintiff Basile and Harold Huber, which the Defendant Officers were alerted to by Plaintiff Adam Huber when asked if there were any weapons in the house. (Compl., ¶ 19.) The Affidavit of Probable Cause further stated: “This affiant [sic] Officer Price did take Teresa Basile and Adam Huber into custody [sic] as results of the search warrant that was served. Both individuals did have indicia of living in the residence and knowledge of where seized items were keep [sic].” (Police Criminal Compl., CR–67–08 (ECF No. 19–1).)

According to the Complaint, on April 8, 2008, at a hearing concerning the matter of the Plaintiffs' arrests, the Plaintiffs each pleaded guilty to the summary offense of disorderly conduct and paid a fine, and the remaining eighteen charges were withdrawn.⁴ (Compl., ¶ 22.) Plaintiffs assert that the only reason they did not contest or appeal the disorderly conduct charges was due to a lack of financial resources to continue legal proceedings. ( Id. at ¶ 23.)

On March 11, 2010, the Plaintiffs filed this action against North and Price, in both their official and individual capacities, and against their municipal employers, Smith Township and Burgettstown, respectively, alleging violations of their Fourth and Fourteenth Amendment rights pursuant to 42 U.S.C. § 1983 (Count I). (Compl., ¶¶ 24–36.) In addition, Plaintiffs have brought claims for false arrest and malicious prosecution under Pennsylvania common law against North and Price (Count II) in their individual and official capacities. (Compl., ¶¶ 37–45.) Plaintiffs seek monetary damages in excess of $75,000.00, award of attorneys fees and costs from all Defendants, and seek awards of punitive damages against North and Price individually.

Defendants Smith Township and North (collectively the “Smith Twp. Defendants”) filed a Motion to Dismiss Plaintiffs' Complaint (ECF No. 14) on May 14, 2010, and Defendants Burgettstown and Price (collectively, the “Burgettstown Defendants”) filed a similar motion on May 21, 2010 (ECF No. 17). Plaintiffs have filed responses and briefs in opposition to the motions to dismiss. Thus, these motions are now ripe for disposition.

II. STANDARD OF REVIEW

A motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure tests the legal sufficiency of a complaint. Kost v. Kozakiewicz, 1 F.3d 176, 183 (3d Cir.1993). A complaint must be dismissed for failure to state a claim if it does not allege “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 556, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (rejecting the traditional 12(b)(6) standard set forth in Conley v. Gibson, 355 U.S. 41, 45–46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957)); Ashcroft v. Iqbal, ––– U.S. ––––, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (May 18, 2009) (citing Twombly, supra ). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 129 S.Ct. at 1949 (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955). The Supreme Court further explained:

The plausibility standard is not akin to a “probability requirement,” but it asks for more than a sheer possibility that a defendant has acted unlawfully. Where a complaint pleads facts that are “merely consistent with” a defendant's liability, it “stops short of the line between possibility and plausibility of ‘entitlement to relief.’ ”

Id. (citing Twombly, 550 U.S. at 556–57, 127 S.Ct. 1955).

The court of appeals has expounded on this standard in light of its decision in Phillips v. County of Allegheny, 515 F.3d 224 (3d Cir.2008) (construing Twombly in a civil rights context), and the Supreme Court's recent decision in Iqbal:

After Iqbal, it is clear that conclusory or “bare-bones” allegations will no longer survive a motion to dismiss: “threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Iqbal, 129 S.Ct. at 1949. To prevent dismissal, all civil complaints must now set out “sufficient factual matter” to show that the claim is facially plausible. This then “allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. at 1948. The Supreme Court's ruling in Iqbal emphasizes that a plaintiff must show that the allegations of his or her complaints are plausible. See Id. at 1949–50; see also Twombly, 550 U.S. at 555, & n. 3, 127 S.Ct. 1955.

Fowler v. UPMC Shadyside, 578 F.3d 203, 210 (3d Cir.2009). In light of Iqbal, the Fowler court then set forth a two-prong test to be applied by the district courts...