Pokrandt v. Shields, Civ. A. No. 90-5875.
| Decision Date | 17 April 1991 |
| Docket Number | Civ. A. No. 90-5875. |
| Citation | 773 F. Supp. 758 |
| Parties | Ronald POKRANDT and Richard Pokrandt v. Claude A.L. SHIELDS; Earl H. Matz, Jr.; Richard K. Freed; Stephen M. Lukach, Jr.; Blair Warner; Joseph F. McCloskey; Donald D. Dolbin; Wilbur H. Rubright; William E. Baldwin; D. Michael Stine; and Court of Common Pleas, 21st Judicial District. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
COPYRIGHT MATERIAL OMITTED
Ronald Pokrandt and Richard Pokrandt, pro se.
James M. Sheehan, Harrisburg, Pa., for Warner.
Howard M. Holmes, Philadelphia, Pa., for Matz, McCloskey, Dolbin, Rubright, Baldwin and Stine.
Frank R. Cori, Pottsville, Pa., for Shields and Lukach.
Sue A. Unger, Deputy Atty. Gen., Philadelphia, Pa., for Freed.
Plaintiffs Ronald and Richard Pokrandt,1 proceeding pro se, filed this civil rights suit alleging claims under 42 U.S.C. §§ 1983, 1985, 1986, and 1988, as well as direct claims under various articles and amendments to the United States Constitution2 against the following defendants: District Justice Earl H. Matz, Jr.; President Judge Joseph F. McCloskey; Judge Donald D. Dolbin; Judge Wilbur H. Rubright; Judge William E. Baldwin; Judge D. Michael Stine; Schuylkill County District Attorney Claude A.L. Shields; Corporal Richard K. Freed of the Pennsylvania State Police; Stephen M. Lukach, Jr., Schuylkill County Clerk of Courts; Blair Warner, Assistant Public Defender for Schuylkill County; and the Court of Common Pleas of the 21st Judicial District, also known as the Court of Common Pleas of Schuylkill County. Plaintiffs also invoke the pendent jurisdiction of this federal court, alleging causes of action under various sections of the Pennsylvania Constitution.
All of the defendants have filed motions to dismiss. The judicial defendants filed a motion to dismiss; defendants Shields and Lukach filed a second motion to dismiss; defendant Warner filed a third motion to dismiss; and defendant Freed filed a fourth motion to dismiss.
In resolving a motion to dismiss, the court must accept as true all the well-pleaded factual allegations in the complaint, construe the complaint in the light most favorable to the plaintiffs, and determine whether, under any reasonable interpretation of the pleadings, the plaintiffs may be entitled to relief. Estate of Bailey by Oare v. County of York, 768 F.2d 503, 506 (3d Cir.1985); Helstoski v. Goldstein, 552 F.2d 564, 565 (3d Cir.1977) (per curiam). "The court primarily considers the allegations in the complaint, although matters of public record ... and exhibits attached to the complaint may also be taken into account." See 5A Wright and Miller, Federal Practice and Procedure § 1357.
On December 7, 1989 at about 10:45 p.m., defendant Corporal Richard K. Freed, a Pennsylvania State Police Officer, arrested plaintiff Ronald Pokrandt after failing three sobriety tests for driving under the influence of alcohol in violation of 75 Pa. Cons.Stat.Ann. § 3731(a)(1). See Complaint at ¶¶ 23-24; Arrest Warrant Affidavit, attached to and incorporated in the Complaint at Exhibit G-1. Pursuant to Rule 130 of the Pennsylvania Rules of Criminal Procedure, defendant Freed released plaintiff Ronald Pokrandt at approximately 12:30 a.m. on December 8, 1989, informing him that he would receive a summons charging him with driving under the influence. See Arrest Warrant Affidavit, attached to and incorporated in the Complaint at Exhibit G-1.
On December 11, 1989, defendant Freed, filed an Arrest Warrant Affidavit before District Justice Earl H. Matz, Jr. of Magisterial District No. 21-3-08, Schuylkill County. The Arrest Warrant Affidavit states:
On Thursday evening, the seventh of December, 1989 Trooper Thomas I. Maley, of Schuylkill Haven and this officer were northbound along State Route # 183 when a red and gray Dodge with Pennsylvania registration and a white Pontiac with Pennsylvania registration were observed weaving back and forth in wild fashion while traveling north. As this officer attempted to pull over both vehicles along the east berm just north of the Berks line within Wayne Township of Schuylkill County about 2245 hours the white Pontiac Firebird fled south as the 1976 Aspen with registration # TAS373 was stopped. A strong odor of brewed beverage and an unsure walking manner was apparent as the operator identified himself as Ronald (NMN) Pokrandt of R.D. # 3, Box 182, Tamaqua, Pennsylvania, 18252 with three registration transfer forms for the vehicle. He also produced British West Indies driver license # 199447, issued for ten years during 1984. After informing this officer that he had consumed several beers prior to being stopped a series of three field sobriety tests were administered by this officer upon the operator at the scene: Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand, each of which the operator failed. The operator was then placed under arrest and transported to the Schuylkill Haven Station, during which time his constitutional rights, the implied consent law, and that he had no right to have counsel before or during breath or blood testing. At the station this officer requested the operator to submit to an Intoxilyzer test and was refused and later at the Good Samaritan Hospital he refused a blood test. He later refused to be processed and was released on station about 0030 hours on 12/08/89 to Scott P. Anderson and informed that he would receive a summons.
See Arrest Warrant Affidavit, attached to and incorporated in the Complaint at Exhibit G-1. After reviewing the Arrest Warrant Affidavit, District Justice Matz certified Complaint No. 244-89 charging plaintiff Ronald Pokrandt with driving under the influence of alcohol in violation of 75 Pa.Cons.Stat.Ann. § 3731(a)(1).
On February 8, 1990, a preliminary hearing was held before District Justice Matz, during which he informed plaintiff Ronald Pokrandt of the charges filed against him of driving under the influence of alcohol. At the conclusion of the preliminary hearing, District Justice Matz ruled that the Commonwealth had presented enough evidence to establish a prima facie case against plaintiff Ronald Pokrandt on the charge of driving under the influence of alcohol, set bail at $1,000.00 (ROR), and remanded the case to court for final disposition.
Plaintiff Ronald Pokrandt was served with a notice of the arraignment, pre-trial conference, and trial dates, as well as a copy of the information. Pursuant to this notice, on March 5, 1990, he appeared at the office of District Attorney for Schuylkill County in the Schuylkill County Courthouse in Pottsville, Pennsylvania. Defendant Warner in his capacity as Assistant Public Defender for Schuylkill County arraigned plaintiff on the charges of driving under the influence of alcohol. Defendant Warner informed plaintiff of the charges against him by referring to the Information, which plaintiff Ronald Pokrandt had in his possession. This fact is attested to by both plaintiff Ronald Pokrandt and his friend James L. Lutz. See Affidavits of Ronald Pokrandt and James L. Lutz, attached to and incorporated in the Complaint as Exhibit C. Defendant Warner then instructed plaintiff that, if it was plaintiff's intention to plead "not guilty," plaintiff should so indicate by placing his signature on the reverse side of the Information. After conferring with Mr. Lutz, plaintiff Ronald Pokrandt placed his signature on the Information acknowledging that he had been arraigned and that it was his intention to plead not guilty.
Plaintiff Ronald Pokrandt proceeded to jury trial on September 12, 1990, and the jury found him guilty of driving under the influence of alcohol in violation of 75 Pa. Cons.Stat.Ann. § 3731(a)(1). In addition, the court found plaintiff Ronald Pokrandt guilty of two summary offenses: (1) driving without a valid driver's license in violation of 75 Pa.Cons.Stat.Ann. § 1501(a) and (2) following another vehicle too closely in violation of 75 Pa.Cons.Stat.Ann. § 3310(a).
On September 24, 1990, plaintiff Ronald Pokrandt filed a post-trial motion seeking, among other things, to have the verdict set aside. On October 29, 1990, plaintiff filed another post-trial motion entitled "Motion to Deem Post Trial Motions Unopposed." As of the signing of this memorandum, both motions are still pending before the Court of Common Pleas of Schuylkill County.3
In Count One of the Complaint, plaintiffs allege that, at the preliminary hearing before District Justice Matz, defendant Matz and a representative of the District Attorney's Office "did in fact combine to inhibit, hinder, prohibit, and cause to be of none sic affect, the defense of the plaintiff." See Complaint at ¶ 37. Allegedly, District Justice Matz "did ... go into his office (private office) with one Jacqueline Russell and defendant Freed, and conspire with one and other sic against the Plaintiff." See Complaint at ¶ 39. Plaintiffs also allege a conspiracy to deny plaintiff Ronald Pokrandt "his constitutional right to assemble with a fellow Citizen presumably Ronald Pokrandt's father, plaintiff Richard Pokrandt, who was also present at the hearing, and to peaceably petition, address, and remonstrance before such district justice Matz." See Complaint at ¶ 38.
In Count Two, plaintiffs allege that, at the preliminary hearing, District Justice Matz prohibited plaintiff Ronald Pokrandt from "free association" with his father Richard Pokrandt and his friend James Lutz, whose role in the proceedings is not clear, by limiting their conversations with one another during the course of the hearing. See Complaint at ¶¶ 41-42. Plaintiff states that this action resulted in a "denial of, and a prohibiting of the Plaintiff's absolute right to defend himself, in any manner he chose." See Complaint at ¶ 43.
In Count Three, plaintiffs allege that, between December 11, 1989 and February 8, 1990, District Justice Matz and Corporal Freed "did in fact conspire...
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