Hodinka v. Del. County

• Citation: 759 F.Supp.2d 603
• Decision Date: 07 January 2011
• Docket Number: Civil Action No. 08–5663.
• Parties: Ryan HODINKA, Rick Lacey, Nancy Ricca, and Rudy Ricca, Plaintiffs,v.DELAWARE COUNTY, a/k/a County of Delaware, Board and Bureau of Elections of Delaware County, Laureen Hagan, individually and in her official capacity as Chief Clerk of the Bureau of Elections of Delaware County, Joseph F. McGinn, individually and in his official capacity as Sheriff of Delaware County, and Lt. Dominic Squillace and Sheriff's Deputies Colin Patrick, Al Goldstein, Greg Price, Barton Robinson, Tom McAuliffe, and Kevin Scanlon, individually and in their official capacities, Defendants.
• Court: U.S. District Court — Eastern District of Pennsylvania

759 F.Supp.2d 603

Ryan HODINKA, Rick Lacey, Nancy Ricca, and Rudy Ricca, Plaintiffs,

v.DELAWARE COUNTY, a/k/a County of Delaware, Board and Bureau of Elections of Delaware County, Laureen Hagan, individually and in her official capacity as Chief Clerk of the Bureau of Elections of Delaware County, Joseph F. McGinn, individually and in his official capacity as Sheriff of Delaware County, and Lt. Dominic Squillace and Sheriff's Deputies Colin Patrick, Al Goldstein, Greg Price, Barton Robinson, Tom McAuliffe, and Kevin Scanlon, individually and in their official capacities, Defendants.

Civil Action No. 08–5663.

United States District Court, E.D. Pennsylvania.

Jan. 7, 2011.

Christorpher A. Ferrara, Denis Brenan, for Plaintiff.William F. Holsten, Scott Gottel, for Defendant.

MEMORANDUM

DuBOIS, District Judge.I. INTRODUCTION

This case arises out of an election that took place in Delaware County, Pennsylvania, in April 2008. Plaintiffs, candidates for various Republican Party positions in that election, assert claims under 42 U.S.C. § 1983, alleging violations of their First and Fourth Amendment rights based on defendants' confiscation of their campaign literature on Election Day. This Court has jurisdiction over plaintiffs' § 1983 claims pursuant to 28 U.S.C. § 1331. Presently before the Court are the parties' cross-motions for summary judgment and responsive filings. For the reasons set forth below, the Court denies plaintiffs' Motion for Summary Judgment, and grants defendants' Motion for Summary Judgment in part and denies it in part.

II. BACKGROUND

The basic facts of this case are undisputed. In the April 2008 Republican Primary Election, plaintiffs Ryan Hodinka and Ryan Lacey were running for election as delegates to the 2008 Republican National Convention, and plaintiffs Nancy Ricca and Rudy Ricca were running for election as Republican Committee persons for the precinct covering Marple Township. (Pls.' Statement of Material Facts ¶¶ 3–4, hereinafter “PSMF”; Defs.' Resp. to PSMF ¶¶ 3–4, hereinafter “Defs.' Resp.”) On April 21, 2008, the day before Primary Election Day, Hodinka and Lacey were named as two of ten defendants in a law suit filed in the Delaware County Court of Common Pleas (hereinafter “the Delaware County suit”). (PSMF ¶ 5; Defs.' Resp. ¶ 5.) The Delaware County suit alleged that Hodinka, Lacey, and their eight co-defendants (collectively “the Delaware County defendants”) were distributing fraudulent campaign literature in violation of Pennsylvania election law. (PSMF ¶ 5; Defs.' Resp. ¶ 5.) The Riccas were not named as defendants in the Delaware County suit. (PSMF ¶ 6; Defs.' Resp. ¶ 6.)

The contested campaign literature pertained to the campaigns of Hodinka, Lacey, the Riccas, and other related candidates. (PSMF ¶ 9; Defs.' Resp. ¶ 9.) The materials consisted of single- and double-sided palm cards which included names, photographs, and/or the ballot positions of the candidates. (PSMF ¶ 8–10; Defs.' Resp. ¶ 8–10.) The double-sided palm cards contained information on a candidate for Republican National Convention delegate on one side, and information on a like-minded candidate for a Republican Committee position on the reverse side, in precincts where both candidates were eligible. (PSMF ¶ 9; Defs.' Resp. ¶ 9.) Hodinka, Lacey, and the Riccas were variously named and described as candidates in the double-sided palm cards. (PSMF ¶ 9; Defs.' Resp. ¶ 9.) The Delaware County Complaint averred that the palm cards were fraudulent because the group of candidates portrayed in the contested campaign literature constituted a “political committee” under Pennsylvania Election Code, requiring certain disclosures pursuant to the law, which were not properly made by the Delaware County defendants. (Ex. A to Defs.' Mot. for Summ. J.; PSMF ¶ 14; Defs.' Resp. ¶ 14.)

Plaintiffs in the Delaware County suit obtained a hearing on their petition for a preliminary injunction on April 21, 2008, the same day the lawsuit was filed. (Defs.' Statement of Material Facts ¶ 4, hereinafter “DSMF”; Pls.' Resp. to DSMF ¶ 4, hereinafter “Pls.' Resp.”) In that hearing, the plaintiffs sought emergency injunctive relief to preclude distribution of the allegedly fraudulent palm cards. (PSMF ¶ 11, Defs.' Resp. ¶ 11.) Hodinka, Lacey, and the other Delaware County defendants were not present or represented at the hearing. (Ex. B to Defs.' Mot. for Summ. J., April 21, 2008 Hr'g Tr., hereinafter “April 21 Hr'g Tr.”) At the conclusion of the hearing, Judge Joseph P. Cronin issued an order enjoining “further distribution of the fraudulent campaign literature” and directing the Delaware County defendants to collect the literature and deliver it to the Delaware County Board of Elections prior to the time of the election on April 22, 2008. (April 21 Hr'g Tr. 20–23; Ex. C to Defs.' Mot. for Summ. J., April 21, 2008 Order, hereinafter “April 21, 2008, Order.”) ¹ The Order permitted the Delaware County defendants to file a petition to seek dissolution of the preliminary injunction at any time from 12:45 p.m. on April 21, 2008 through 8:00 pm on April 22, 2008, Election Day. ( Id.) The language of the Order did not expressly authorize the Board of Elections or its agents to seize any of the literature. (April 21, 2008, Order.)

On the evening of April 21, 2008, Lacey discovered that several copies of the Delaware County Complaint and the April 21, 2008, Order had been placed between the two exterior doors at his home. (Ex. G to Defs.' Mot. for Summ. J., Lacey Dep. 44– 47.) The following morning at 7:00 a.m., Hodinka and Lacey went to the Delaware County Courthouse, where they moved to vacate the injunction. (PSMF ¶ 32; Defs.' Resp. ¶ 32.) Counsel for plaintiffs in the Delaware County suit was notified and also appeared in court that morning. (PSMF ¶ 33; Defs.' Resp. ¶ 33.) Judge Chad F. Kenney then conducted a hearing with respect to the petition to vacate. (PSMF ¶ 33; Defs.' Resp. ¶ 33.) After determining that the Pennsylvania Election Code provision upon which the court had previously relied in granting injunctive relief was not applicable to candidates for party office (as opposed to public office), Judge Kenney vacated the Preliminary Injunction Order of April 21, 2008, on the morning of April 22, 2008, the day of the Primary Election. (Ex. S to Defs.' Mot. for Summ. J., April 22, 2008 Hr'g Tr. 38–47, hereinafter “April 22 Hr'g Tr.”)

However, before the April 21, 2008 Order was vacated, Sheriff's Deputies from the Delaware County Sheriff's Office, acting on instructions from Francis Catania, an Assistant Solicitor for Delaware County assigned to the Bureau of Elections,² confiscated campaign literature pertaining to the candidacies of the Delaware County Defendants and the Riccas. (PSMF ¶ 35, Defs.' Resp. ¶ 35.) After the order was vacated, the literature was returned to the places from which it was taken or to a representative of the plaintiffs. (DSMF 37–39, Pls.' Resp. 37–39.)

The Board of Elections is governed by the Pennsylvania Election Code and establishes policies for the Bureau of Elections. (PSMF 52–53, Defs.' Resp. 52–53.) The Bureau of Elections is the administrative arm of the Board and is responsible for planning and overseeing elections in Delaware County. Id. Francis Catania, as an Assistant Solicitor for Delaware County, was assigned primarily to the Bureau of Elections, and handled legal matters for the Bureau. (PSMF 51, Defs.' Resp. 51.) The Delaware County Sheriff's Office provided volunteer deputies to work on behalf of the Bureau of Elections on Election Day to assist the Bureau in conducting and monitoring the elections. (PSMF 54, Defs.' Resp. 54.) Lieutenant Dominic Squillace of the Sheriff's Office coordinated the volunteer Deputies on Election Day. (PSMF 55(b), Defs. Resp. 55(b).) Either Squillace, Catania, or both communicated orders to deputies working on behalf of the Bureau of Elections on Election Day. (PSMF 35, Defs.' Resp. 35.)

It is undisputed that sheriff's deputies effected the following seizures of campaign literature on Election Day:

(1) Deputy Sheriff Colin Patrick confiscated palm cards relating to the candidacies of Hodinka and Lacey from David Savastio at the Saxer Avenue polling location. (Ex. L to Defs.' Mot. for Summ. J., Patrick Dep. 23–26, hereinafter “Patrick Dep.”; Ex. V to Defs.' Mot. for Summ. J., Savastio Dep. 19–22, hereinafter “Savastio Dep.”; Ex. E to Defs.' Mot. for Summ. J.) Hodinka had given Savastio the palm cards to distribute. (Savastio Dep. 15–16.) Deputy Sheriff Al Goldstein was also present at the Saxer Avenue location for the purpose of confiscating campaign literature, but did not personally participate in the seizure of any materials from Savastio (Ex. CC to Pls.' Mot. for Summ. J., Goldstein Dep. 9–11, hereinafter “Goldstein Dep.”);

(2) Plaintiffs Nancy and Rudy Ricca were present at the Paxon Hollow Middle School polling location, distributing personal letters of introduction and double-sided palm cards. (PSMF ¶¶ 41–42; Defs.' Resp. ¶¶ 41–42; Ex. O to Defs. Mot. for Summ. J., R. Ricca Dep. 15–19.) The palm cards contained the names and photographs of plaintiffs Hodinka and Lacey and other candidates seeking election as delegates to the Republican National Convention on one side and the Riccas' names and photographs on the opposite side. (PSMF ¶ 41; Defs.' Resp. ¶ 41.) Deputy Sheriffs Greg Price and Barton Robinson, working on behalf of the Bureau of Elections, were dispatched to the Paxon Hollow polling location. (DSMF ¶ 25; Pls.' Resp. ¶ 25.) After receiving instructions from Catania, Price and Robinson confiscated a number of double-sided palm cards and at least one self-prepared letter of introduction from the Riccas.³ (Ex. K to Defs.' Mot. for Summ. J., Robinson Dep. 13–14, 16–18, hereinafter “Robinson Dep.”; Ex. J to Defs.' Mot. for Summ. J., Price Dep. 15, hereinafter “Price Dep.”; PSMF ¶¶ 41, 43; Defs.' Resp. ¶¶ 41, 43.)

(3) After leaving the Paxon...