Deraffele v. City of Williamsport, CIVIL NO: 4:14-CV-01849

• Decision Date: 19 August 2015
• Docket Number: CIVIL NO: 4:14-CV-01849
• Court: U.S. District Court — Middle District of Pennsylvania
• Parties: JOHN DERAFFELE, Plaintiff, v. CITY OF WILLIAMSPORT, et al., Defendants.

JOHN DERAFFELE, Plaintiff, v. CITY OF WILLIAMSPORT, et al., Defendants.

CIVIL NO: 4:14-CV-01849

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

August 19, 2015

(Judge Brann)

(Magistrate Judge Schwab)

REPORT AND RECOMMENDATIONS

In this civil action, proceeding via an amended complaint, the pro se plaintiff, John DeRaffele ("DeRaffele"), brings federal constitutional claims pursuant to 42 U.S.C. § 1983. Additionally, DeRaffele appears to raise as-applied and facial challenges to the City of Williamsport's 2013 Rental Ordinance (the "Ordinance"), as well as claims sounding in Pennsylvania state law. Pending before the Court is the defendants' motion to dismiss. Our recommendations follow.

I. Background and Relevant Procedural History.

On September 23, 2014, DeRaffele, who paid the filing fee, initiated this lawsuit by filing a civil complaint, Doc. 1, and, approximately two weeks later, on October 7, 2014, he filed the amended complaint under review. Doc. 5. In the amended complaint, DeRaffele names the following seven defendants: (1) the City of Williamsport ("Williamsport" or the "City"); (2) Gabriel Campana("Campana"), the Mayor of Williamsport; (3) Gregory Foresman ("Foresman"), Williamsport's Police Chief; (4) Timothy Miller ("Miller"), a Williamsport Police Captain; (5) Michael Orwig ("Orwig"), a Williamsport Police Captain; (6) Joseph Girardi ("Girardi"), the Codes Administrator for Williamsport's Bureau of Codes (the "Bureau"); and (7) the Williamsport Appeals Board (the "Board").¹ Doc. 5 at 2-5.

Although we are able to easily identify the defendants named in the amended complaint, we find DeRaffele's pleading to be otherwise muddled and, at times, difficult to follow. Nevertheless, we have managed to discern the following claims and allegations, which will be set forth pursuant to the Rule 12(b)(6) legal standard, infra.

DeRaffele, who is a licensed real estate broker, owns, among other properties, a four-family home located at 727-729 West 4^th Street in Williamsport, Pennsylvania. On July 28, 2014, DeRaffele received a call from one of his tenants residing at 729 West 4^th Street, Apartment 1-R ("Apartment 1-R"). The tenant told DeRaffele that the home was surrounded by police officers. According to DeRaffele, Apartment 1-R was searched by the police. See id. at ¶ 17, p. 18.

After talking with the tenant in Apartment 1-R, DeRaffele spoke to his tenant residing at 727 West 4^th Street, Apartment 2-L ("Apartment 2-L"). Said tenant told DeRaffele that "Police officials" were looking for someone. Doc. 5 at ¶ 17, p. 11. The same tenant also told DeRaffele that he gave the police officials permission to search for the person in his apartment. During the search, the police discovered guns and drugs, and the occupants were arrested. According to DeRaffele, the police caused damage to the property during the search. Id. at ¶ 27, p. 33. DeRaffele would also later learn that the police were looking for a parolee. To his knowledge, the parolee was not found in Apartment 2-L.

Later, on the same date, DeRaffele was informed that a search warrant was issued for the Second Floor apartment at 729 West 4^th Street. Said apartment was vacant. Moreover, the search warrant for the Second Floor apartment was sought after the initial search at Apartment 2-L had turned up drugs and guns. See Doc. 2-1 at 41. Upon learning this information about the search warrant for the Second Floor apartment, DeRaffele sent his "designated person," Jeff Swank ("Swank"), to the property.

In the afternoon, DeRaffele received a phone call from Tom Evansky ("Evansky"), an employee with the Bureau. Evansky told DeRaffele that he was condemning Apartment 1-R because there was a fallen electrical wire in the yard. DeRaffele immediately called his electrician at Dale Electric. The electriccompany reported to DeRaffele that the wire, which was knocked down by a moving company, was not active. Still, a condemnation notice was posted at Apartment 1-R. Also, within the same 24-hour period, a condemnation notice was posted to the Second Floor Apartment "for absolutely no reason." Id. at ¶ 17, p. 13.

The following day, on July 29, 2014, DeRaffele arrived in Williamsport and met with Girardi at City Hall, in the Bureau's Offices. During their meeting, DeRaffele explained that the wire on the ground was not active. As such, Girardi explained that he would make the correction to the condemnation of the apartments at 729 West 4^th Street. According to DeRaffele, however, the condemnation remained in effect until he had a hearing on September 19, 2014. Id.

After meeting with Girardi, DeRaffele went to the front desk at the Bureau's Office to file for two permits. Suddenly, Foresman appeared and began screaming at DeRaffele, wanting to see him in his office. DeRaffele subsequently met with Foresman in his office, on the second floor at City Hall. Orwig and Miller were also present.

During this meeting, Foresman accused DeRaffele of renting property to drug dealers, which, in turn, was destroying Williamsport. As such, Foresman complained that DeRaffele should not be allowed to operate in Williamsport. After those comments were made, DeRaffele said that he was not going to betalked to like that. In response thereto, Foresman got angry and stormed out of the meeting. Once Foresman left the meeting, DeRaffele asked Orwig to run a police report on the 13 residences he owns in Williamsport. Orwig complied, and the report turned up no drug activity at any of the 13 properties DeRaffele allegedly owned. DeRaffele thus said to Orwig that Foresman owed him an apology. Orwig, however, got angry at DeRaffele's comment. Immediately thereafter, Orwig and Miller both commented that DeRaffele's properties are filled with drug dealers; DeRaffele did not belong in Williamsport; DeRaffele doesn't properly supervise his properties; DeRaffele's maintenance men should be inspecting the properties to ensure that only those on the lease are residing there; DeRaffele does not care about Williamsport; DeRaffele and other property investors are responsible for the drug dealers in Williamsport; DeRaffele's tenants are low lives; police are continually going to DeRaffele's properties; DeRaffele does not have the right to provide long-term leases; and DeRaffele should be doing criminal background checks. Id. at ¶ 17, pp. 15-16. In addition, Miller said that he has the power to, and will, shut down DeRaffele's rental properties. Further, Orwig and Miller asked DeRaffele for the names of the Magisterial District Justices with whom he typically dealt. After these comments were made, DeRaffele left City Hall.

After leaving City Hall, DeRaffele called Campana to arrange a meeting and also called an attorney at "Legal Aid," in addition to two Magisterial District Justices. DeRaffele further sent letters to the United States Attorney's Office and the Attorney General of Pennsylvania, describing his encounter at City Hall.

A couple of days later, on August 3, 2014, the police showed up to Apartment 1-R. DeRaffele had been informed that the police were there in response to a 9-1-1 call that had been placed from that address, from a child. One of DeRaffele's tenants residing there told the police that her child had been sleeping. The same tenant, as well, showed the police her phone to prove that no call had been made from Apartment 1-R.

The following day, on August 4, 2014, DeRaffele met with Campana to discuss what had happened at City Hall a week prior. After DeRaffele presented his version of what happened, Campana, who seemed concerned, said that he would look into the matter. DeRaffele and Campana proceeded to discuss the Ordinance that had gone into effect. DeRaffele expressed that he did not believe the Ordinance was constitutional because "it violated the rights of the landlords and tenants and was discriminating in nature." Id. at ¶ 18, p. 19. In reply, Campana told DeRaffele that the Supreme Court had approved the Ordinance. Id. Not believing Campana's statement to be true, DeRaffele researched the legality of the Ordinance. During DeRaffele's research, he could never quite figure out thetruth of Campana's statement to him regarding the Ordinance. See Doc. 5 at ¶ 28, p. 36. Yet, DeRaffele discovered letters authored by Miller. DeRaffele alleges that the letter provided in part: "Law enforcement has evolved all across the country except in Williamsport. We are expected to rely on good old fashioned police work. Good old fashioned police work worked on Williamsport's 'good ole boys' of the 70's and 80's but we are no longer dealing with the 'good ole boys.' We are dealing with a much more hardened and determined group that are willing to destroy Williamsport as a means of their own survival." Id. at ¶ 18, p. 20.

On August 11, 2014, DeRaffele received a judgment and order of eviction for the tenant in Apartment 2-L, where the drugs and guns were found. According to DeRaffele, the tenant is out of the unit.

On August 21, 2014, DeRaffele received a letter from the Solicitor's Office in response to correspondence he had earlier mailed. In the letter, the Solicitor pointed out that 729 West 4^th Street was condemned because of an arrest that had occurred there relating to drug and gun activity, stemming from the search of the apartment on July 28. Doc. 5-1 at 70. However, the search and arrests occurred at Apartment 2-L, at 727 West 4^th Street. Nevertheless, the Solicitor informed DeRaffele that 729 West 4^th Street would remain formally closed until January 28, 2015, unless resolved by the parties. Id. The Solicitor further noted that DeRaffele could request an opportunity to meet with the Codes Administrator to determinewhether the claimed violation may be resolved and may further request a meeting, file an appeal, or both. Id. Accordingly, DeRaffele appealed to the Board, proceeding on a defense that the wrong property had been condemned, primarily because the wrong apartment,...