Palmore v. Clarion Univ. of Pa.

• Decision Date: 08 December 2022
• Docket Number: 3:21-CV-00106-CRE
• Parties: DAROLD PALMORE, Plaintiff, v. CLARION UNIVERSITY OF PENNSYLVANIA, CLARION UNIVERSITY POLICE DEPARTMENT, CLARION COUNTY DISTRICT ATTORNEY, KAREN WHITNEY, CLARION UNIVERSITY PRESIDENT; MATTHEW SHAFFER, COORDINATOR OF JUDICIAL AFFAIRS AND RESIDENCE LIFE; SHANE WHITE, CORPORAL OF CLARION UNIVERSITY POLICE DEPARTMENT; AND DREW WELSH, CLARION COUNTY DISTRICT ATTORNEY; Defendants,
• Court: U.S. District Court — Western District of Pennsylvania

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DAROLD PALMORE, Plaintiff, v. CLARION UNIVERSITY OF PENNSYLVANIA, CLARION UNIVERSITY POLICE DEPARTMENT, CLARION COUNTY DISTRICT ATTORNEY, KAREN WHITNEY, CLARION UNIVERSITY PRESIDENT; MATTHEW SHAFFER, COORDINATOR OF JUDICIAL AFFAIRS AND RESIDENCE LIFE; SHANE WHITE, CORPORAL OF CLARION UNIVERSITY POLICE DEPARTMENT; AND DREW WELSH, CLARION COUNTY DISTRICT ATTORNEY; Defendants,

No. 3:21-CV-00106-CRE

United States District Court, W.D. Pennsylvania, Johnstown

December 8, 2022

MEMORANDUM OPINION^[1]

CYNTHIA REED EDDY, United States Magistrate Judge.

I. INTRODUCTION

This civil action was initiated in forma pauperis on June 14, 2021 by pro se Plaintiff Darold Palmore against Defendants Clarion University of Pennsylvania (“Clarion University”), Clarion University Police Department (“Clarion University PD”), Clarion County District Attorney, Clarion University President Karen Whitney (“President Whitney”), Clarion University Coordinator of Judicial Affairs and Residence Life Matthew Shaffer (“Coordinator Shaffer”), Corporal of Clarion University Police Department Shane White (“Corporal White”), and Clarion County District Attorney Drew Welsh (“DA Welsh”) alleging various civil rights violations pursuant to 42 U.S.C. § 1983 and several common law tort and contract claims under Pennsylvania law. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1367.

Presently before the Court is Defendants Clarion University, Clarion University PD, President Whitney, Coordinator Shaffer, and Corporal White's (collectively “Clarion Defendants”) motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. (ECF No. 23). The motion is fully briefed and ripe for disposition. (ECF Nos. 24, 34, 35).

For the reasons that follow, Clarion Defendants' motion to dismiss is granted and all claims set forth in Plaintiff's Amended Complaint are dismissed with prejudice.

II. BACKGROUND

Plaintiff was a student at Clarion University in 2015 and was accused of sexually assaulting another female student in her dorm room. Plaintiff initiated this action and later amended his complaint. Plaintiff's Amended Complaint states in toto:

On November 16, 2015, Clarion University demanded that I vacate University grounds pending a University Conduct Board Hearing to determine if I was in violation of the Students Rights, Regulations, and Procedures, barring me from being in class and on campus. This demand was delivered to me by Officer Shane White in letter form. Officer White attempted to interrogate me in my room with another unknown officer. Officer White began discussing a different alleged misconduct to which I presented a hand written letter as evidence to refute the allegation. Officer White confiscated the letter and never returned it or produced a copy for my records. Officer White then tried to intimidate me by standing close to me and backing me against my desk. I began to yell get out. White and his partner originally disregarded my request to leave but decided to do so as I repeatedly yelled get out. Several [c]riminal attorney's(sic) inquired about the letter but they were told no letter was in Clarion University Police possession. On November 23, 2015 Clarion University notified me of a hearing for disciplinary misconduct and the charges for sexual assault and related conducts scheduled for December 4, 2015. To prepare for the University Conduct Board (UCB) meeting I scoured the information given to me and forwarded all documents to my then attorney Andrew Stiffler. Stiffler agreed that video footage was a strong weapon.

I emailed Matthew Shaffer and cc'd White on 12/03/2015 requesting the video footage for the date given by Clarion University. Shane White forwarded [the] email to District Attorney's office (See Email). After hearing no reply from White I urged Attorney Stiffler to call Shane White and inquire about the footage. Attorney Stiffler informed me that White refused to release footage without a subpoena. The investigation was still open and a subpoena cannot be filed without criminal charges being filed. Stiffler also relayed that White agreed to send a summons instead of a warrant for arrest if charges were filed. Attorney Stiffler was not informed by White that the surveillance system had a spoliation date. I call[ed] President Karen Whitney's Office to inform her that I am requesting important evidence for my UCB hearing and was being stonewalled. UCB meeting postponed by [C]larion. Charges were filed on 12/11/2015 and mailed to me. Criminal [p]rocess starts. I am informed by Stiffler all evidence will be turned over in discovery. Surveillance footage is not turned over. Subpoena deuces tec[u]m filed and denied. We proceed to trial and are found guilty. Assistant District Attorney Welsh makes statements to media defaming me. Public Defender Eric Spessard becomes my [a]ttorney. Appealed to criminal appellate and [n]ew [t]rial is granted. Proceeded to new trial and was found not guilty. Clarion [U]niversity refuses to hold UCB hearing.

Am. Compl. (ECF No. 26 at 4; ECF No. 26-1 at 2).

While not entirely set forth in the Amended Complaint, Plaintiff was initially tried on the sexual assault charge in 2016 and was convicted following a jury trial. Compl. (ECF No. 4) at ¶ 26. After an appeal, he was granted a new trial and in June 2019 Plaintiff was re-tried and on June 12, 2019, the jury returned a verdict of not guilty. (ECF No. 30-1 at 348-353).

Plaintiff sets forth the following causes of action: “Violation of Title IX of the Education Amendments”; “Violation of Due Process Procedural & Substantive”; “Breach of Contract / Promissory Estoppel”; “Malicious Prosecution / Negligence”; and “Defamation / False Arresst(sic) & Imprisionment(sic)”. Am. Compl. (ECF No. 26 at 4). Given the leniency afforded to pro se litigants, the Court will construe Plaintiff's complaints as setting forth the following causes of action: (1) a Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 violation; (2) Fourteenth Amendment procedural due process violation pursuant to 42 U.S.C. § 1983; (3) Fourteenth Amendment substantive due process violation pursuant to 42 U.S.C. § 1983; (4) common law breach of contract claim under Pennsylvania law; (5) common law promissory estoppel claim under Pennsylvania law; (6) Fourth Amendment malicious prosecution violation pursuant to 42 U.S.C. § 1983; (7) common law negligence claim under Pennsylvania law; (8) common law defamation claim under Pennsylvania law; (9) Fourth Amendment false arrest and imprisonment violations pursuant to 42 U.S.C. § 1983; and (10) common law false arrest and imprisonment claims under Pennsylvania law.

III. STANDARD OF REVIEW

a. Pro Se Litigants

A pro se pleading is held to a less stringent standard than more formal pleadings drafted by lawyers. Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976); Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972). As a result, a pro se complaint under § 1983 must be construed liberally, Hunterson v. DiSabato, 308 F.3d 236, 243 (3d Cir. 2002), so “as to do substantial justice.” Alston v. Parker, 363 F.3d 229, 234 (3d Cir. 2004) (citations omitted). While pro se litigants are afforded this leniency, they “do not have a right to general legal advice from judges,” and “courts need not provide substantive legal advice to pro se litigants” because pro se litigants must be treated “the same as any other litigant.” Mala v. Crown Bay Marina, Inc., 704 F.3d 239, 245 (3d Cir. 2013).

While 28 U.S.C. § 1915 authorizes litigants like Plaintiff to proceed in forma pauperis, such status is a privilege which may be denied when abused. After granting in forma pauperis status, the Court must dismiss any claims sua sponte if: “(i) the allegation of poverty is untrue; (ii) the action is frivolous or malicious; (iii) the complaint fails to state a claim upon which relief may be granted; or (iv) the complaint seeks money damages from a defendant who is immune from suit.” 28 U.S.C. § 1915(e)(2).

b. Federal Rule of Civil Procedure 12(b)(6)

The applicable inquiry under Federal Rule of Civil Procedure 12(b)(6) is well settled. Under Federal Rule of Civil Procedure 8, a complaint must contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). Rule 12(b)(6) provides that a complaint may be dismissed for “failure to state a claim upon which relief can be granted.” Fed.R.Civ.P. 12(b)(6). “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.'” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). A complaint that merely alleges entitlement to relief, without alleging facts that show entitlement, must be dismissed. See Fowler v. UPMC Shadyside, 578 F.3d 203, 211 (3d Cir. 2009). This “‘does not impose a probability requirement at the pleading stage,' but instead ‘simply calls for enough facts to raise a reasonable expectation that discovery will reveal evidence of' the necessary elements.” Phillips v. Cty. of Allegheny, 515 F.3d 224, 234 (3d Cir. 2008) (quoting Bell Atlantic Corp., 550 U.S. at 556). Yet the court need not accept as true “unsupported conclusions and unwarranted inferences,” Doug Grant, Inc. v. Greate Bay Casino Corp., 232 F.3d 173, 183-84 (3d Cir. 2000), or the plaintiff's “bald assertions” or “legal conclusions.” Morse v. Lower Merion Sch. Dist., 132 F.3d 902, 906 (3d Cir. 1997).

Although a complaint does not need detailed factual allegations to survive a Fed.R.Civ.P. 12(b)(6) mot...