Fitzgerald v. Martin, CIVIL ACTION NO. 16-3377
| Decision Date | 03 August 2017 |
| Docket Number | CIVIL ACTION NO. 16-3377 |
| Parties | CHRISTOPHER FITZGERALD, Plaintiff, v. JAMES B. MARTIN, et al., Defendants. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
This action arises from the plaintiff's interaction with non-uniformed law enforcement officers in an unmarked police vehicle while driving, and his subsequent arrest, charge, prosecution, and acquittal from the charges of simple assault, recklessly endangering another person, reckless driving, and careless driving. The plaintiff asserts a constitutional claim against Lehigh County under 42 U.S.C. § 1983 for failure to train and supervise the Lehigh County District Attorney's Office detectives who interacted with and arrested him, as well as constitutional claims pursuant to section 1983 against Lehigh County, the Lehigh County District Attorney, a Lehigh County Assistant District Attorney, and the detectives for malicious prosecution, false arrest, false imprisonment, and conspiracy to violate his civil rights. The plaintiff also brings Pennsylvania state law claims against these defendants for malicious prosecution, false imprisonment, and false arrest.
Currently before the court are motions to dismiss separately filed by the Lehigh County District Attorney's Office (on behalf of all of the individual Lehigh County District Attorney's Office defendants) and Lehigh County. As detailed below, the court will grant in part and deny in part the Lehigh County District Attorney's Office and Lehigh County motions to dismiss. The court will also dismiss all claims against the District Attorney's Office defendants and Lehigh County with the exception of (1) the plaintiff's false arrest claim against the detectives who arrested him, and (2) the state law claims against all of the defendants.
The plaintiff, Christopher Fitzgerald ("Fitzgerald") was driving his fiancée to work on or about August 29, 2014, and their infant child was also a passenger in the vehicle. Second Amended Complaint ("SAC") at ¶ 31, Doc. No. 34. At the time, Fitzgerald was a corrections officer at the Lehigh County Department of Corrections, and he frequently received threats from inmates who claimed that their cohorts outside of jail would harm him. Id. at ¶¶ 33-35. He was also licensed to carry a firearm both in his official capacity as a corrections officer, and in his capacity as a private citizen. Id. at ¶ 35.
While Fitzgerald was driving, a grey Infiniti M35 with heavily tinted windows began to aggressively follow his vehicle. Id. at ¶ 36. After noticing the Infiniti following his vehicle, Fitzgerald slowed his vehicle and provided the Infiniti with multiple opportunities to go around him. Id. at ¶¶ 37, 40. The Infiniti did not go around him; instead, it continued to follow him for several minutes. Id. at ¶ 41. Unknown to Fitzgerald, the driver and passenger of the Infiniti were Lehigh County District Attorney's Office ("Lehigh County D.A.'s Office") Detectives, Christopher Cruz ("Detective Cruz") and Todd Frey ("Detective Frey") (collectively, "Detectives Cruz and Frey"), who were wearing plain clothes at the time. Id. at ¶¶ 39, 45.
After several minutes, Fitzgerald pulled over his vehicle to the curbside of the right lane, rolled down his window, and waited for the Infiniti to pass his vehicle. Id. at ¶ 41. Instead of passing Fitzgerald, the Infiniti pulled alongside his vehicle, blocked it to prevent it from driving away, and Detective Frey exited the Infiniti and approached Fitzgerald's vehicle. Id. at ¶¶ 42, 44. Detectives Cruz and Frey did not identify themselves as law enforcement officers. Id. at ¶46. Fitzgerald remained in his vehicle, drew his firearm, and held it pointed downward at chest level. Id. at ¶¶ 47-48.
When Detectives Cruz and Frey saw Fitzgerald's firearm, they reversed their vehicle. Id. at ¶ 49. Fitzgerald drove away and Detectives Cruz and Frey resumed their pursuit in the Infiniti. Id. at ¶ 50. Shortly thereafter, Fitzgerald pulled into a retail shopping center, where Detectives Cruz and Frey joined with Whitehall Township Police Officers, Michael Marks ("Officer Marks") and Raymond Seiling ("Officer Seiling") (collectively, "Officers Marks and Seiling"), and arrested Fitzgerald and his fiancée. Id. at ¶¶ 51, 53. Fitzgerald was charged with two counts of simple assault, two counts of recklessly endangering another person, one count of reckless driving, and one count of careless driving. Id. at ¶ 54. Lehigh County prosecuted Fitzgerald, and following a trial on June 1, 2015, Fitzgerald was found not guilty of all charges. Id. at ¶¶ 63-64.
Fitzgerald filed the instant lawsuit, asserting claims under 42 U.S.C. §§ 1981, 1983, and 1985(3), as well as under Pennsylvania common law, against Lehigh County District Attorney James Martin ("District Attorney Martin"), the Lehigh County D.A.'s Office, Assistant District Attorney Steven Luksa ("A.D.A. Luksa"), Detectives Cruz and Frey, Lehigh County Chief of Detectives Joseph Stauffer ("Chief Detective Stauffer"), the Whitehall Township Police Department, Chief of the Whitehall Township Police Department, Linda Kulp ("Chief Kulp"), Officers Marks and Seiling, Whitehall Township Mayor Edward Hozza ("Mayor Hozza"), Lehigh County Executive Tom Muller ("Muller"), Lehigh County Department of Corrections Director Edward Sweeney ("Sweeney"), the Lehigh County Department of Corrections, Whitehall Township, Lehigh County, and the Whitehall Township Board of Commissioners, on June 24, 2016. Doc. No. 1. Lehigh County, the Lehigh County Department of Corrections, Sweeney, and Muller filed a motion to dismiss on August 9, 2016. Doc. No. 8. WhitehallTownship, the Whitehall Township Police Department, Chief Kulp, Officers Marks and Seiling, Mayor Hozza, and the Whitehall Township Board of Commissioners filed a motion to dismiss on August 10, 2016. Doc. No. 9.
Seemingly in response to the motions to dismiss, Fitzgerald filed an amended complaint on August 31, 2016, in which he again asserted claims under 42 U.S.C. §§ 1981, 1983, and 1985(3), as well as under Pennsylvania common law, against the aforementioned defendants. Doc. No. 17. Although Fitzgerald filed opposition to the motions to dismiss the original complaint on September 6, 2016 and September 7, 2016, the court subsequently denied those motions as moot on September 23, 2016, because Fitzgerald had filed an amended complaint. Doc. Nos. 18, 19, 24.
District Attorney Martin, A.D.A. Luksa, Detectives Cruz and Frey, and the Lehigh County D.A.'s Office filed a motion to dismiss the amended complaint on September 12, 2016. Doc. No. 20. Lehigh County, the Lehigh County Department of Corrections, Sweeney, and Muller filed a motion to dismiss the amended complaint on September 14, 2016. Doc. No. 21. Whitehall Township, the Whitehall Township Police Department, Chief Kulp, Officers Marks and Seiling, Mayor Hozza, and the Whitehall Township Board of Commissioners filed a motion to dismiss the amended complaint on September 19, 2016. Doc. No. 22. Fitzgerald filed opposition to each of the motions to dismiss the amended complaint on September 28, 2016, October 3, 2016, and October 11, 2016. Doc. Nos. 27, 28, 29. The court heard oral argument on the motions to dismiss the amended complaint on November 29, 2016, and granted the motions, dismissing the amended complaint without prejudice to Fitzgerald to file a second amended complaint. Doc. Nos. 32, 33.
Fitzgerald timely filed a second amended complaint ("SAC") on December 20, 2016, this time bringing nine claims under 42 U.S.C. § 1983 ("section 1983") and Pennsylvania commonlaw, against District Attorney Martin, A.D.A. Luksa, Detectives Cruz and Frey, the Whitehall Township Police Department, Chief Kulp, Officers Marks and Seiling, Whitehall Township, and Lehigh County on December 20, 2016.1 SAC at ¶¶ 4-22. Fitzgerald brings all claims against the individual defendants in both their individual and official capacities. Id.
With regard to the allegations against District Attorney Martin, Fitzgerald alleges that District Attorney Martin directed (1) Chief Kulp and Officers Marks and Seiling to arrest him, and (2) Lehigh County to prosecute him. Id. at ¶¶ 58, 63. Fitzgerald also alleges that District Attorney Martin proceeded with the prosecution against him vindictively and with malice as retribution against his father, who at the time of the incident was the Allentown Chief of Police, because District Attorney Martin actively lobbied and advocated for former Whitehall Police Chief, Ted Kohuth, to become the Allentown Chief of Police. Id. at ¶ 71.
Fitzgerald alleges that the Lehigh County D.A.'s Office and Whitehall Township Police Department have a history and custom of targeting minorities for false arrests and unjust prosecutions, and that Detectives Cruz and Frey targeted him because he is African American. Id. at ¶¶ 65, 69. Fitzgerald also alleges that because he is African American, Chief Kulp and Officers Marks and Seiling effectuated and/or acquiesced to his arrest, and the Lehigh County D.A.'s Office, including District Attorney Martin and A.D.A. Luksa, proceeded with charges against him despite the weight of the evidence exonerating him. Id. at ¶¶ 60, 68. Moreover, Fitzgerald alleges that Detectives Cruz and Frey began their pursuit of his vehicle without any precipitating cause of suspicion, and conspired to cover up their actions and conceal the events leading up to his detainment and arrest. Id. at ¶¶ 55, 66.
Fitzgerald alleges that Whitehall Township, Chief Kulp, Lehigh County, and District Attorney Martin failed to adopt, monitor, and enforce appropriate policies and procedures that would have prevented the constitutional violations he suffered. Id. at ¶¶ 72-75. Furthermore, Fitzgerald alleges that the Lehigh County D.A.'s Office and Whitehall Township Police Department failed to properly train their subordinate employees. Id. at ¶ 25....
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