Brown v. Wayne Cnty.
| Decision Date | 30 January 2020 |
| Docket Number | CIVIL ACTION NO. 3:18-CV-155 |
| Parties | NOEL L. BROWN, CEO of Kings Realty Mgmt. LLC, et al., Plaintiffs v. WAYNE COUNTY, PENNSYLVANIA, et al., Defendants |
| Court | U.S. District Court — Middle District of Pennsylvania |
(MANNION, D.J.)
(ARBUCKLE, M.J.)
Plaintiff Noel L. Brown ("Plaintiff"), who was convicted in state court, now sues in federal court on behalf of himself, his family, and his business, alleging constitutional violations against individuals involved in his arrest, his criminal trial, and his confinement in prison. On January 11, 2018, Plaintiff, a state prisoner and the "CEO of King Realty Management, LLC," initiated this pro se civil rights action by filing a Complaint in the Eastern District of Pennsylvania. Along with Plaintiff, Sheron A. Chambers, Dryah K. Brown, Neija M. Brown, and Nyia N. Brown were listed as plaintiffs.1 On January 23, 2018, this action was transferred to the Middle District of Pennsylvania. Presently before the Court are three (3) Motions to Dismiss (Doc. 41, Doc. 44, Doc. 49). For the reasons that follow, I RECOMMEND that allthree Motions to Dismiss be GRANTED, the remaining claims be DISMISSED pursuant to 28 U.S.C. § 1915A, and Plaintiff be GRANTED leave to amend his Complaint.
In the Complaint, Plaintiff makes the following allegations:
A. CLAIMS RELATED TO PLAINTIFF'S MAY 2015 ARREST
Plaintiff makes a series of allegations about events that transpired on or around May 29, 2015—the date he was charged with simple assault and harassment in Monroe County. Commonwealth v. Brown, MJ-43304-CR-0000110-2015. On July 10, 2015, the charges were dismissed. Id.
Plaintiff alleges that, on May 29, 2015, Pennsylvania State Police Officers from the Fern Ridge Barracks arrested Plaintiff without a warrant; illegally searched Plaintiff's home; and illegally searched Plaintiff's business. (Doc. 4, p. 9, ¶ 8). Plaintiff does not identify the individual officers who made the arrest or conducted the searches.
B. CLAIMS RELATED TO PLAINTIFF'S JUNE 2016 ARREST & COURT PROCEEDINGS
Plaintiff makes a series of allegations about events that transpired on or around June 30, 2016, in Wayne and Monroe Counties. Although Plaintiff names both Wayne County and Monroe County as defendants in this case, the only involvement of the county itself appears to be that certain events occurred there. Plaintiff hasalleged wrongdoing by certain Wayne County employees (Defendants Krempasky, Bishop, and Rivardo of Wayne County), but does not set forth any theory as to how Wayne County is liable for the acts allegedly undertaken by the county employees. Plaintiff does not name any Monroe County employee as a defendant.
Plaintiff's claims appear to arise from a June 30, 2016 arrest and prosecution on the charges of: interference with custody of children (count 1); dissemination of photo/film of child sex acts (count 2); corruption of minors (count 3); selling or furnishing alcohol to minors (count 4); trafficking in minors (count 5); and unlawful restraint of minor/not parent—involuntary servitude (count 6). Commonwealth v. Brown, No. CP-64-CR-0000258-2016 (Pa. Ct. of Com. Pl. 2016). Plaintiff was found guilty of counts one through five after a two-day trial which began on November 7, 2016. Id. Count six was dismissed. Id. Plaintiff was sentenced on February 3, 2017. Id.
On some unspecified date, non-party employees of Monroe County interviewed Plaintiff's children while they were at school without notifying Plaintiff—the custodial parent. (Doc. 4, p. 9, ¶ 10).
On June 30, 2016, two Pennsylvania State Police Officers assigned to the Honesdale Barracks (Defendants Palmer and Brown) searched Plaintiff's home, as well as a locked office located inside Plaintiff's home and seized certain property that belonged to Plaintiff. Id. at p. 6, ¶ 1. It is not clear from the face of Plaintiff'scomplaint whether the search was conducted with a warrant, or whether the property seized was then used as evidence against Plaintiff during his criminal trial.2
Plaintiff alleges that he was arrested by two Pennsylvania State Police Officers assigned to the Swiftwater Barracks in Monroe County (Defendants O'Brien, Diehl) without being provided a Miranda warning. Id. at p. 8, ¶ 5. Plaintiff alleges that, upon his arrest he was transported to the "wrong judicial district," by Defendants Palmer, Brown, Jezercak, and Yeager (from the Honesdale Barracks), and Defendants O'Brien and Diehl (from the Swiftwater Barracks). Plaintiff does not identify where he was transported or why he believes it was the wrong judicial district.
Plaintiff also names the District Attorney's Office of Wayne County as a defendant. His claim against the office relates to conduct of Attorney Janine Edwards—who is not named as a defendant in this case—during Plaintiff's July 18, 2016 preliminary hearing, and in statements made in the Commonwealth's August25, 2016 response to Plaintiff's omnibus pretrial motion. Id. at p. 7, ¶ 3; see also Commonwealth v. Brown, No. CP-64-CR-0000258-2016 (Pa. Ct. of Com. Pl.).
The Wayne County Public Defender's Office assigned an attorney to represent Plaintiff. On November 7, 2016—the first day of Plaintiff's criminal trial—Plaintiff asked his appointed attorney to subpoena several witnesses. (Doc. 4, p. 8, ¶ 6). The appointed attorney did not comply with Plaintiff's request. Id.
One witness who apparently did testify at trial is Defendant Jacer, a Days Inn employee who, according to the Complaint, incorrectly identified Plaintiff as a hotel guest. Id. at p. 8, ¶ 7. Plaintiff names both Defendant Jacer, and his employer, Defendant Days Inn Tannersville Hotel, as defendants.
Last, Plaintiff alleges that, on the final day of his criminal trial, an employee of the Wayne County Sheriff's Office (Defendant Krempasky) attempted to corrupt the jury. Id. at p. 7, ¶ 3. It is not clear from Plaintiff's complaint what actions Defendant Krempasky took in his attempt to corrupt the jury.
C. CLAIMS RELATED TO PLAINTIFF'S PRETRIAL DETENTION AT WAYNE COUNTY CORRECTIONAL FACILITY
Before his trial, Plaintiff was housed at the Wayne County Correctional Facility. He makes several allegations that he was mistreated at this facility.
Plaintiff alleges that he was served either the wrong food, or dangerously undercooked food on July 23, 2016 and August 9, 2016. Id. at p. 10, ¶¶ 11, 12. Plaintiff has a vegan diet. Although this food made Plaintiff violently ill, his requeststo see a dietitian and physician were denied. Id. at p. 10, ¶ 13. On October 2, 2016, Plaintiff was taken to the medical department because he was suffering from frequent dizziness, headaches, abdominal pain, vomiting, diarrhea, and blackouts. Id. at p. 11, ¶ 15. Plaintiff asked to be transported to the hospital. Id. His request was denied. Id. Plaintiff does not identify which Wayne County Correctional Facility employees provided the wrong or undercooked food, refused his requests for medical treatment, or refused his request to be taken to a hospital.
Plaintiff also alleges that he was physically mistreated while at Wayne County Correctional Facility awaiting trial. On August 2, 2016, Plaintiff alleges that Defendant Rivardo escorted Plaintiff to his cell, asked Plaintiff to strip, and conducted a body cavity search. Id. at p. 10, ¶ 14. Plaintiff also alleges that, on October 14, 2016, he was "Savagely Beating [sic] and Tazed [sic], held in an illegal choke hold, cuffed in an illegal manner, causing Plaintiff to Urinate Blood, Swelling of both Plaintiff Hands." Id. at p. 11, ¶ 17. Plaintiff does not identify who administered this beating.
Plaintiff also alleges that employees at Wayne County Correctional Facility interfered with Plaintiff's ability to file institutional grievances. Plaintiff alleges that, on October 4, 2016, Defendant Bishop told Plaintiff to stop filing grievances. Id. at p. 11, ¶ 16. Three days later Plaintiff asked an unidentified prison employee for agrievance form, but the prison employee refused to give him one. Id. Later that day, Plaintiff was denied food. Id. Plaintiff does not identify who denied him food. Id.
D. CLAIMS RELATED TO PLAINTIFF'S INCARCERATION AT SCI CAMP HILL
For some period, Plaintiff was housed at SCI Camp Hill. Plaintiff makes a series of allegations regarding the poor treatment he received there. Although he does identify specific individuals in some of these allegations (Corrections Officer B.R. Broone, Corrections Officer Kistler, Corrections Officer Wallace, Sergeant Alvarez, and Secretary John Wetzel), the only Defendants named in his Complaint are SCI Camp Hill and the Pennsylvania Department of Corrections.
Specifically, Plaintiff alleges that while at SCI Camp Hill: Correction Officer Broone intentionally served him a non-vegan meal, Id. at p. 12, ¶ 18; an unnamed prison employee served him a non-vegan meal designed to look like a vegan meal on October 16, 2017, Id. at p. 13, ¶ 21; someone forced him to "do DNA," Id. at p. 12, ¶ 19; he was denied access to the law library, Id.; and on September 20, 2017, Corrections Officers Kistler and Wallace, Sergeant Alvarez, and an inmate searched through Plaintiff's legal materials and took some unspecified items, Id. at p. 12, ¶ 20.
E. CLAIMS RELATED TO PLAINTIFF'S POST OFFICE BOX
In July 2016, the Defendant Post Office changed the number of Plaintiff's post office box without his consent. Id. at p. 9; ¶ 9. Plaintiff does not assert any specific legal claim, he merely requests monetary damages for the inconvenience. Id.
On January 11, 2018, Plaintiffs Sheron A. Chambers, Noel Brown, Dryah Brown, Neija Brown, and Nyia Brown filed a Complaint (Doc. 1) in the Eastern District of Pennsylvania. Together with this Complaint, Plaintiff filed a Motion requesting leave of Court to proceed in forma pauperis. (Doc. 5). In his Complaint, Plaintiff named the following twenty-three (23) Defendants:
To continue reading
Request your trial