Ickes v. Grassmeyer, Civil Action No. 3:13–208.
| Decision Date | 02 July 2014 |
| Docket Number | Civil Action No. 3:13–208. |
| Citation | 30 F.Supp.3d 375 |
| Parties | Don R. ICKES, Plaintiff, v. Craig GRASSMEYER; Barry Augnst; Thomas Laskey ; State of Pennsylvania; Ronald Givler; and Township of Greenfield, Defendants. |
| Court | U.S. District Court — Western District of Pennsylvania |
Don R. Ickes, Osterburg, PA, pro se.
Mary Lynch Friedline, Timothy Mazzocca, Office of Attorney General, Pittsburgh, PA, for Defendants.
This matter comes before the Court on two motions to dismiss filed by the Defendants pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF Nos. 7 & 9). The motions collectively seek the dismissal of all claims brought by the Plaintiff. For the reasons that follow, both motions will be granted in part and denied in part.
Plaintiff Don R. Ickes (“Ickes”) is a resident of Florida who occasionally travels to Pennsylvania because of family and business interests. (ECF No. 1–2 ¶ 1). On July 18, 2011, Ickes was driving a Ford Escort on Interstate 99. (Id. ¶ 9). He was traveling toward Osterburg, Pennsylvania. (Id. ). Trooper Thomas Laskey (“Laskey”), a member of the Pennsylvania State Police (“PSP”), “stopped” the Ford Escort because of “alleged traffic infractions” committed by Ickes. (Id. ). At Laskey's request, Ickes “presented” certain documents relating to his identity. (Id. ¶ 10). Because he was “distrustful and fearful of Laskey, who had become menacing” throughout the encounter, Ickes “declined to exit the vehicle.” (Id. ).
Trooper Barry Augnst (“Augnst”), another member of the PSP, and Officer Ronald Givler (“Givler”), the Chief of the Greenfield Township Police Department, “showed up” to assist Laskey. (ECF No. 1–2 ¶ 11). Trooper Craig Grassmeyer (“Grassmeyer”), who had supervisory authority over Laskey and Augnst, arrived at the scene shortly thereafter. (Id. ¶ 12). After observing Ickes' apparent refusal to exit the Ford Escort, Grassmeyer “angrily and vulgarly ‘t[ook] charge’ ” of the situation and “order[ed] that Ickes be forcibly removed from his vehicle.” (Id. ). Laskey complied with Grassmeyer's order by “smashing” the window on the right front door of the Ford Escort. (Id. ¶ 13). “Ickes was dragged out of the vehicle” by Laskey and “another policeman,” who pulled Ickes “over broken glass” and placed him on a “gravel road.” (Id. ¶ 14). While Ickes was lying on the ground, his “hands were tightly cuffed behind his back, causing his wrists to bleed.” (Id. ¶ 15). Laskey later started to transport Ickes “to the [PSP's] home barracks for processing.” (Id. ¶ 16). Along the way, Laskey went to a nearby hospital. (Id. ).
Criminal charges were later brought against Ickes for resisting arrest,2 disorderly conduct,3 harassment,4 and several violations of Pennsylvania's Vehicle Code. (ECF No. 1–2 ¶¶ 17–18). The harassment charges were apparently premised on communications between Ickes and Laskey's mother occurring after Ickes' arrest. (Id. ¶¶ 17–18). Ickes commenced a civil action against Laskey, Augnst, Givler, Grassmeyer, the Commonwealth of Pennsylvania (“Commonwealth”) and the Township of Greenfield (“Township”) in the Court of Common Pleas of Blair County on August 18, 2013, alleging numerous violations of the United States Constitution and Pennsylvania law. (Id. ¶¶ 19–34). Shortly thereafter, the criminal charges pending against Ickes proceeded to trial. On August 22, 2013, a jury convicted Ickes of resisting arrest and harassment. (ECF No. 7–2 at 2). The Court of Common Pleas also found him guilty of 14 summary offenses, including a lesser form of harassment,5 and 13 violations of the Vehicle Code.6 (Id. at 3–8). Ickes was acquitted of disorderly conduct and careless driving.7 (Id. at 8).
On September 6, 2013, this action was removed from the Court of Common Pleas to this Court. The Commonwealth and Township have now filed separate motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6).
In light of the United States Supreme Court's decision in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007), a complaint may be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6) if it does not allege “enough facts to state a claim to relief that is plausible on its face.” “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). This standard requires more than “a formulaic recitation of the elements of a cause of action.” Twombly, 550 U.S. at 555, 127 S.Ct. 1955. The complaint must allege a sufficient number of facts “to raise a right to relief above the speculative level.” Id. This requirement is designed to facilitate the notice-pleading standard of Federal Rule of Civil Procedure 8(a)(2), which requires “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2) (emphasis added).
When considering a Rule 12(b)(6) motion, a court accepts all of the plaintiff's allegations as true and views all reasonable inferences drawn from those allegations in the light most favorable to the plaintiff. Buck v. Hampton Township School District, 452 F.3d 256, 260 (3d Cir.2006). Nonetheless, a court need not credit bald assertions, unwarranted inferences, or legal conclusions cast in the form of factual averments. Morse v. Lower Merion School District, 132 F.3d 902, 906 n. 8 (3d Cir.1997). The primary question in deciding a motion to dismiss is not whether the plaintiff will ultimately prevail, but rather whether he or she is entitled to offer evidence to establish the facts alleged in the complaint. Maio v. Aetna, 221 F.3d 472, 482 (3d Cir.2000). The purpose of a motion to dismiss is to “streamline [ ] litigation by dispensing with needless discovery and factfinding.” Neitzke v. Williams, 490 U.S. 319, 326–27, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989). In addition to the allegations contained in the complaint, a court may consider matters of public record, exhibits attached to the complaint, and other items appearing in the record of the case. Oshiver v. Levin, Fishbein, Sedran & Berman, 38 F.3d 1380, 1384 n. 2 (3d Cir.1994).
The Court has jurisdiction over Ickes' federal constitutional claims under 28 U.S.C. § 1331. Pursuant to 28 U.S.C. § 1367(a), the Court has supplemental jurisdiction over Ickes' claims arising under Pennsylvania law. Venue is proper under 28 U.S.C. § 1391(b).
Ickes brings his constitutional claims pursuant to 42 U.S.C. § 1983, which provides aggrieved individuals with a cause of action against “[e]very person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws” of the United States. This statutory provision does not create substantive rights. Maher v. Gagne, 448 U.S. 122, 129 n. 11, 100 S.Ct. 2570, 65 L.Ed.2d 653 (1980). Redress under § 1983 must be premised on an underlying violation of a federal constitutional or statutory right. Toth v. California University of Pennsylvania, 844 F.Supp.2d 611, 647 (W.D.Pa.2012).
The first step of the analysis is to “identify the exact contours of the underlying right[s] said to have been violated.” County of Sacramento v. Lewis, 523 U.S. 833, 841 n. 5, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998). Ickes' federal claims all appear to be premised on alleged violations of rights grounded directly in the Constitution. (ECF No. 1–2 ¶ 34). Each claim will be considered separately.8
The Eleventh Amendment to the United States Constitution provides that “[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.” U.S. Const., Amend. XI. Despite the relatively narrow reach of this language, the Eleventh Amendment has been understood by the Supreme Court “to stand not so much for what it says, but for the presupposition of our constitutional structure which it confirms.” Blatchford v. Native Village of Noatak, 501 U.S. 775, 779, 111 S.Ct. 2578, 115 L.Ed.2d 686 (1991). “This presupposition is based on the understanding that ‘the States entered the federal system with their sovereignty intact,’ that ‘[t]he Judicial power of the United States' is limited by this sovereignty, and that a State will not be subjected to suits in federal court brought by private individuals unless it has consented to such suits either expressly or in the ‘plan of the convention.’ ”9 Burns v. Alexander, 776 F.Supp.2d 57, 72 (W.D.Pa.2011) (quoting Blatchford, 501 U.S. at 779, 111 S.Ct. 2578 ).
Congress has the constitutional authority to “enforce” the substantive provisions of the Fourteenth Amendment through the enactment of remedial or prophylactic legislation. U.S. Const., Amend. XIV, § 5 ; Nevada Dept. of Human Resources v. Hibbs, 538 U.S. 721, 727–28, 123 S.Ct. 1972, 155 L.Ed.2d 953 (2003). In certain instances, Congress can use this power to abrogate the States' Eleventh Amendment immunity and subject them to suits brought by private individuals. Fitzpatrick v. Bitzer, 427 U.S. 445, 456, 96 S.Ct. 2666, 49 L.Ed.2d 614 (1976). In taking that action, however, Congress must make its intention to abrogate the States' immunity from suit “unmistakably clear in the language of the statute” authorizing the category of civil actions at issue. Atascadero State Hospital v. Scanlon, 473 U.S. 234, 242, 105 S.Ct. 3142, 87 L.Ed.2d 171 (1985). In Quern...
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