Coffman v. Wilson Police Dept.

• Decision Date: 04 June 1990
• Docket Number: Civ. A. No. 90-1479.
• Citation: 739 F. Supp. 257
• Parties: Terry L. COFFMAN v. WILSON POLICE DEPARTMENT, Borough of Wilson, Richard D. Nace, and Meridian Bancorp.
• Court: U.S. District Court — Eastern District of Pennsylvania

739 F. Supp. 257

Terry L. COFFMAN v. WILSON POLICE DEPARTMENT, Borough of Wilson, Richard D. Nace, and Meridian Bancorp.

Civ. A. No. 90-1479.

United States District Court, E.D. Pennsylvania.

June 4, 1990.

COPYRIGHT MATERIAL OMITTED

Martricia McLaughlin, Robert Glazer, McLaughlin & Glazer, Easton, Pa., for plaintiff.

Robert G. Hanna, Jr., Philadelphia, Pa., for defendants.

MEMORANDUM

CAHN, District Judge.

The plaintiff has sued the defendants for the violation of various federal and state constitutional, statutory, and common-law duties, the violation of which stems from long-running spousal abuse which culminated in a shooting. Defendants Wilson Police Department ("Department"), Borough of Wilson ("Wilson"), and Richard D. Nace, the Chief of Police of the Borough of Wilson, have moved to dismiss the complaint.¹ For the reasons stated below, their motion shall be denied; however, on its own motion, this court will dismiss defendant Meridian Bancorp from this action on the ground that it lacks subject matter jurisdiction.

I. BACKGROUND

The allegations are as follows. Terry L. Coffman, a Pennsylvania resident, was often physically and mentally abused by her husband, Wayne P. Barber.² Complaint, ¶¶ 1, 7-10. As a result, on June 9, 1988, she filed a petition for a temporary protective order pursuant to the Pennsylvania Protection From Abuse Act, 35 Pa.Stat. Ann. §§ 10181-10190 (Purdon 1977 & Supp. 1989); she was granted the order that day. Complaint, ¶ 11 & Exh. A & B. The order was served upon Barber and the Department on June 14, 1988. Complaint, ¶ 12. The injunction was extended on June 15, 1988, and made final on June 24, 1988. Complaint, ¶¶ 14-15 & Exh. C & D. The final order was served upon Barber and the Department on or after June 24, 1988. Complaint, ¶ 16. Both the temporary orders and the final order barred Barber from Coffman's home and ordered Barber not to cause Coffman bodily injury. Complaint, Exh. B & D. They also stated that the appropriate police department "shall enforce this order." Id.

On August 3, 1988, Barber broke into the plaintiff's apartment, restrained her, threatened her, and committed other unpleasant acts. Complaint, ¶ 17. The plaintiff reported this attack to Richard Nace, the Chief of Police of the Borough of Wilson, roughly two weeks later; he told her that she had waited too long for him to act against Barber. Complaint, ¶ 18. Coffman believes that Nace took no further action. Id.³

Starting immediately after the attack, Barber, who had a history of psychiatric difficulties known to the Wilson police, telephoned the plaintiff at least once each day. Complaint, ¶ 19. Complaint, ¶¶ 12-13 & Exh. G. He threatened to appear if she hung up the receiver. Id. The plaintiff often reported these calls to the Department. Id. When telephone calls arrived while Wilson Police Department officers were at the plaintiff's home, the officers stated that they would try to find and arrest Barber; however, they also told her that, though they would call the Easton Police Department, which had jurisdiction over Barber's residence, the Easton force was shorthanded and might not act. Complaint, ¶ 20. On September 6, 1988, the plaintiff was warned that Barber was heading toward her home. Complaint, ¶ 21. She telephoned the Department immediately, but was not telephoned back for thirty minutes. Id. Although she was then told that the Department would investigate, she believes that the Department did nothing. Id.

The plaintiff filed a contempt petition for violation of the protective order on September 6, 1988. Complaint, ¶ 22 & Exh. E. The petition was granted; an order was entered on September 9, 1988 at 10:05 A.M. Complaint, ¶ 22 & Exh. F. At 11:15 A.M. that day, the plaintiff's attorney telephoned the Department to tell them that the order had been entered and to secure its enforcement. Complaint, ¶ 23. She was told that no one was in, but that she could deliver the order to the police headquarters. Id. She did so at 3:15 P.M. Complaint, ¶ 24 & Exh. G.

At 4:00 P.M., the plaintiff went to a Meridian Bank office in Palmer Township. Complaint, ¶ 25. As she left, she saw Barber coming toward her. Id. Barber assaulted her; in their struggle, she managed to pull him into the bank building. Complaint, ¶ 26. Although she asked for help, to her knowledge no one in the bank offered any or telephoned the police. Id. Some few minutes later, Barber shot Coffman in the chin and throat. Complaint, ¶ 27. She suffered permanent harm, both physical and psychological; indeed, she still cannot engage in her earlier employment, or function as she had in everyday life. Complaint, ¶¶ 28-31. From the time of the first protective order to the shooting, the Wilson Police Department never arrested or restrained Barber. Complaint, ¶ 32.

Count I of Coffman's complaint invokes the Equal Protection Clause of the United States Constitution and 42 U.S.C. § 1983. It asserts that, by creating a policy of failing to respond properly to complaints by women of spousal assault or abuse, the governmental defendants have violated the plaintiff's civil rights. Complaint, ¶¶ 33-36. Count II charges that the governmental defendants failed to train their officers properly as to how they should respond to complaints by women of spousal abuse or assault, and that the policy is motivated by bias against women. This is also brought under the Equal Protection Clause and § 1983. Complaint, ¶¶ 37-40. Count III states that the governmental defendants, by failing to arrest or restrain Barber, deprived Coffman of her entitlement to police protection under the Protection From Abuse Act and therefore violated her rights under the Due Process Clause of the Fourteenth Amendment to the United States Constitution (invoked through § 1983). Complaint, ¶¶ 41-42. Count IV asserts that the governmental defendants violated her rights, as secured by various sections of the Constitution of the Commonwealth of Pennsylvania. Complaint, ¶¶ 43-44. Count V seeks attorney's fees from the governmental defendants pursuant to 42 U.S.C. § 1988. Complaint, ¶¶ 45-46.

Counts VI and VII proceed against Meridian Bancorp ("Meridian"). Count VI states that Meridian breached its duty to provide appropriate safety measures (or, alternatively, to warn in case of their absence) to protect Coffman, a business invitee. Complaint, ¶¶ 47-52. Count VII states that, by failing to provide Coffman with assistance, Meridian negligently breached its duty to aid Coffman, a duty stemming from Meridian's holding its premises open for business purposes. Complaint, ¶¶ 53-57. Jurisdiction rests upon 28 U.S.C. § 1343 for the federal claims, with the state law claims pendent. The governmental defendants have moved to dismiss all counts of the complaint.

II. DISCUSSION

Under Fed.R.Civ.P. 12(b)(6), "the applicable standard of review requires the court to accept as true all allegations in the complaint and all reasonable inferences that can be drawn therefrom, and view them in the light most favorable to the non-moving party." Rocks v. City of Philadelphia, 868 F.2d 644, 645 (3d Cir. 1989). The question before the court is not whether the plaintiff will ultimately prevail; rather, it is whether the plaintiff could prove any set of facts in support of his claim that would entitle the plaintiff to relief. Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 2232, 81 L.Ed.2d 59 (1984); Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974). In cases brought under 42 U.S.C. § 1983, the pleading requirements are somewhat stricter than usual. The Court of Appeals "`has consistently demanded that a civil rights complaint contain a modicum of factual specificity, identifying the particular conduct of defendants that is alleged to have harmed the plaintiffs.'" Colburn v. Upper Darby Township, 838 F.2d 663, 666 (3d Cir.1988) (quoting Ross v. Meagan, 638 F.2d 646, 650 (3d Cir.1981) (per curiam)), cert. denied, ___ U.S. ___, 109 S.Ct. 1338, 103 L.Ed.2d 808 (1989). To meet this requirement, the complaint need only avoid frivolity and provide the defendants enough notice to frame an answer. Freedman v. City of Allentown, 853 F.2d 1111, 1114 (3d Cir.1988). The basic Rule 12(b)(6) standard is unchanged. Bartholomew v. Fischl, 782 F.2d 1148, 1152 (3d Cir.1986).⁴

A. Count I

The governmental defendants attack Count I on several grounds. First, they maintain that allegations, here and elsewhere, against both the Borough of Wilson and the Wilson Police Department are redundant, because the Department is an administrative part of the Borough. Thus, they argue that the Department should be dismissed from this action. Second, they argue that, if the claim against Nace rests against actions taken in his official capacity, it merges with the claim against Wilson; hence, Wilson should also be dismissed. If, on the other hand, the claim against Nace rests on actions taken in his individual capacity, the complaint should be dismissed because of a lack of factual specificity. Third, the governmental defendants argue that, because the shooting occurred outside of Wilson and because the Department was not notified of the emergency that culminated in the shooting, the governmental defendants cannot be held liable.

The first objection, though possibly correct, is misplaced. Suing both the police department and the borough itself may be redundant. However, a Rule 12(b)(6) motion does not address the redundancy of claims; it questions only their validity. Redundant claims may all be valid. The alleged superfluity is thus improperly challenged using Rule 12(b)(6). The Rules do permit redundant material to be stricken from the complaint. Fed.R.Civ.P. 12(f). Although a court may strike material on its own initiative, motions to strike are disfavored. See, e.g., Kinee v. Abraham Lincoln Fed. Sav. & Loan Ass'n, 365 F.Supp. 975, 982 (E.D.Pa.1973); 2A J. Moore & J. Lucas, Moore's Federal Practice ¶...