Pettit v. Namie
| Decision Date | 10 August 2007 |
| Docket Number | No. 2163 C.D. 2006.,2163 C.D. 2006. |
| Citation | 931 A.2d 790 |
| Parties | John PETTIT, District Attorney of Washington County, Pennsylvania v. Michael NAMIE, Controller of Washington County, Pennsylvania Appeal of Board of Commissioners of Washington County, Washington County and Michael Namie. John Pettit, District Attorney of Washington County, Pennsylvania, Appellant v. Michael L. Namie, Controller of Washington County, Pennsylvania, Board of Commissioners of Washington County, Pennsylvania and Frederick A. Brilla, an individual. |
| Court | Pennsylvania Commonwealth Court |
Eric J. Held and Mary J. Drewitz, Washington, for appellees, Michael Namie, Board of Commissioners of Washington County, and Washington County.
BEFORE: LEADBETTER, President Judge, and SMITH-RIBNER, Judge, and SIMPSON, Judge.
OPINION BY Judge SIMPSON.
In these complex cross-appeals, we are asked whether indemnification by a local agency for payment of a judgment against a county district attorney in a federal civil rights action is prohibited under the statute commonly known as the Political Subdivision Tort Claims Act (Tort Claims Act).1 We are also asked whether the county district attorney is entitled to reimbursement for attorney's fees, costs, expenses and prejudgment interest.
For the reasons that follow, we conclude the county district attorney is entitled to indemnification for the judgment entered against him as well as reimbursement for attorney's fees, costs, and expenses incurred in defending his official action. However, we deny District Attorney's request for prejudgment interest on the grounds District Attorney did not properly preserve this request.
In September 1989, the Pennsylvania State Police executed a search warrant at the residence of Frederick A. Brilla (Brilla) and seized weapons, cocaine, drug paraphernalia, a computer, television, stereo, two motorcycles, lawn and garden equipment and over $50,000 in cash.
The personal property seized was stored in a facility under a rental agreement that listed the District Attorney of Washington County as "tenant" and Aunt Mini Self Storage as "landlord." The Washington County District Attorney's Office paid the monthly rental fee for the facility.
Brilla was convicted. In 1993, the Court of Common Pleas of Washington County (court of common pleas) sentenced him to a term of four to ten years' incarceration for possession and possession with intent to deliver cocaine.
Section 6801 of the Judicial Code, 42 Pa.C.S. § 6801, in the Act commonly known as the Controlled Substances Forfeiture Act (Forfeiture Act),2 provides a detailed scheme for the seizure, custody and ultimate disposition of property subject to forfeiture. The Forfeiture Act distinguishes between the rights and corresponding obligations of the Attorney General and county district attorneys. Under the Forfeiture Act, the ultimate beneficiary of a forfeiture action depends on which law enforcement agency seized the property at issue. If the law enforcement agency that seized the property had statewide jurisdiction, the property is ultimately forfeited to the Attorney General. Alternatively, if the law enforcement agency that seized the property had only local or county jurisdiction, the local district attorney's office is the beneficiary of the forfeiture. See 42 Pa.C.S. § 6801(e).
In October 1991, the Pennsylvania Attorney General's Office filed a forfeiture action in common pleas court to obtain ownership of the property seized by the State Police.
In February 1995, the court of common pleas dismissed the forfeiture action as untimely. Although Washington County District Attorney John Pettit (District Attorney) was not a party to this proceeding, it is presumed the order dismissing the forfeiture action was sent to the District Attorney's Office as well as the Attorney General's Office.
While incarcerated, Brilla wrote to the court of common pleas seeking return of his property. Notably, Brilla did not own the lawn and garden equipment seized by the State Police; rather, he leased it from the "Rt. 19 Mower Center." Upon the Mower Center's motion, the court of common pleas ordered release of the lawn and garden equipment, and the Mower Center obtained its property from the State Police. Of further note, the court of common pleas' order indicates the "equipment [was] stored by agencies of the Commonwealth of Pennsylvania." Reproduced Record (R.R.) at 44a.
Shortly thereafter, the court of common pleas issued an order requiring the return of Brilla's remaining personal property within 90 days; however, the property was not returned within this period. Several months later, the remaining property was transferred to the Washington County Jail, with the smaller items stored in the District Attorney's Office.
Approximately two years later, in 1998, Brilla filed a petition to enforce the court of common pleas' order requiring return of his property. The court of common pleas denied the petition, stating "the Commonwealth has substantially complied." R.R. at 47a. Brilla filed a motion for reconsideration; the record fails to reveal a ruling on the motion.
In June 1998, Brilla filed a civil rights action against District Attorney in the U.S. District Court for the Western District of Pennsylvania. Brilla alleged District Attorney unlawfully deprived him of his property in violation of the Fourteenth Amendment to the U.S. Constitution because certain items of property were never returned and other items were retained for an unreasonable period. Brilla sought compensatory and punitive damages.3
In June 2001, the federal suit was tried before the Honorable Robert J. Cindrich. After a four-day jury trial, the jury returned a verdict finding District Attorney liable for violating Brilla's constitutional rights by depriving him of the use of his property. The jury awarded no compensatory damages, $1.00 in nominal damages and $100,000 in punitive damages, finding District Attorney acted "maliciously or in reckless or callous disregard of, or indifference to" Brilla's constitutional rights. U.S. Dist. Ct., Slip Op. at 4-7; R.R. at 130a-33a.
District Attorney filed a post-trial motion in the nature of a motion for judgment as a matter of law and/or a new trial, as well as a motion seeking remittitur. Judge Cindrich denied District Attorney's motion for judgment as a matter of law and/or a new trial, but granted remittitur, reducing the punitive damage award to $50,000. Judge Cindrich also granted Brilla's motion for attorney's fees and costs totaling $15,665.48.
District Attorney appealed to the Third Circuit Court of Appeals, which affirmed in an unpublished opinion authored by the Honorable Ruggero J. Aldisert. See Brilla v. Pettit, 57 Fed. Appx. 947 (3d Cir.), cert. denied, 540 U.S. 813, 124 S.Ct. 62, 157 L.Ed.2d 26 (2003); R.R. at 172a-76a. The Court of Appeals also awarded Brilla $4,771.40 in additional attorney's fees and expenses.
District Attorney subsequently requested the Washington County Board of Commissioners (Commissioners) to indemnify him for the judgment entered against him in Brilla's federal suit. He also sought reimbursement for attorney's fees and costs he incurred in federal court after the jury's verdict.
In October 2003, the Commissioners, acting on advice of their solicitor, voted to indemnify District Attorney and requested the County Controller Michael L. Namie (Controller), make payment to District Attorney. However, the Controller subsequently advised the Commissioners he was denying payment to District Attorney.
In August 2004, District Attorney satisfied the judgment against him by paying $75,176.36 to the Estate of Brilla.4 This amount represented the verdict, attorney's fees, costs and expenses awarded to Brilla as well as interest on that amount.
Thereafter, District Attorney filed a complaint in mandamus and for declaratory judgment against the Controller and named as interested parties the Commissioners and Brilla. District Attorney requested: a declaration that Washington County is obligated to indemnify him under the Tort Claims Act; a declaration that the Commissioners acted in a manner authorized by law in voting to indemnify him; and, peremptory judgment so as to compel the Controller to issue payment. In response to motions, the common pleas court declined to grant mandamus relief, but preserved the request for declaratory relief.
District Attorney subsequently filed a motion for summary judgment on his claims for declaratory relief. The Commissioners and the Controller also filed separate cross-motions for summary judgment.
The court of common pleas subsequently issued an opinion and order in which it determined the County was required to indemnify District Attorney for the judgment entered against him in Brilla's federal civil rights action. The court of common pleas also determined the County was required to reimburse District Attorney for reasonable attorney's fees and costs incurred in pursuing post-trial motions and appeals in federal court.
In its opinion, the court of common pleas indicated there were no genuine issues of material fact and it could decide the motions for summary judgment based on the substantive law. The court first noted pursuant to Section 8548(a) of the Tort Claims Act, when an action is brought against an employee of a local agency for damages arising out of an injury to a person or property, and the injury resulted from conduct of the employee that was within his or her scope of employment, the local agency is obligated to indemnify the employee for the...
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