Yoast v. Pottstown Borough

• Citation: 437 F.Supp.3d 403
• Decision Date: 31 January 2020
• Docket Number: CIVIL ACTION NO. 19-720
• Parties: Terrence R. YOAST, Plaintiff, v. POTTSTOWN BOROUGH, et al., Defendants.
• Court: U.S. District Court — Eastern District of Pennsylvania

437 F.Supp.3d 403

Terrence R. YOAST, Plaintiff,

v.POTTSTOWN BOROUGH, et al., Defendants.

CIVIL ACTION NO. 19-720

United States District Court, E.D. Pennsylvania.

Signed January 31, 2020

Filed February 3, 2020

Terrence R. Yoast, Philadelphia, PA, pro se.

Sheryl Lynn Brown, Gregory Robert Hennessy, Siana Bellwoar & McAndrew, LLP, Chester Springs, PA, John R. Ninosky, Marshall Dennehey Warner Coleman & Goggin, Camp Hill, PA, Philip W. Newcomer, Montgomery County Solicitor's Office, Paul C. Troy, Kane Pugh Knoell and Driscoll, L.L.P., Mark R. Fischer, Jr., High Swartz LLP, Norristown, PA, Adrianna Yanez, Michael B. Pullano, Lewis Brisbois Bisgaard & Smith, LLP, Wayne, PA, for Defendants.

MEMORANDUM OPINION

Rufe, District Judge Plaintiff Terrence Yoast, proceeding pro se , filed a 254-page Amended Complaint consisting of ninety three counts against thirty one defendants.¹ The Amended Complaint alleges federal and state claims related to Yoast's landlord-tenant relationship with Aphrodite Hussain, and law enforcement's response to the dispute; federal and state claims based on an alleged lack of medical care while Yoast was a pre-trial detainee in county jail; and state law claims against the landlord and tenants of property located near Yoast's rental property.

The thirty one defendants can be divided into three groups: 1) Hussain, the tenants and landlords of a neighboring property, and attorneys and their employers allegedly involved in Yoast's dispute with Hussain; 2) Police officers ("Pottstown Defendants") and the District Attorney's office involved in the dispute; and 3) Defendants associated with the Montgomery County Correctional Facility ("MCCF").

In addition to Hussain, Group 1 consists of Manjeet Singh, Catherine Hallinger, Leon Smith, and Adrian Smith, who are Hussain's neighbors, and Edward and Jeanne Forbes, who own the home in which the Smiths and Hallinger live. Defendant Justin O'Donoghue, a lawyer with Defendant Montgomery County Housing Authority ("MCHA") and a partner with Defendant Wisler Pearlstine LLP, and Defendant Donald Cheetham, an attorney employed by Defendant Legal Aid of Southeastern Pennsylvania ("Legal Aid") are also included in this group.

Within Group 2, the Pottstown Defendants are the Borough of Pottstown, Officer Anthony Fischer, Officer John Schmalbach, Officer Jacob Martin, Officer T.J. Casio, Officer Jeffrey Portock, Officer Brett Cortis, Officer Chad Hart, Officer Corey Pfister, Corporal Jamie O'Neill, Corporal Michael Long, Sergeant Michael Ponto, and former Chief Richard Drumheller. Defendant Montgomery County, and Defendant District Attorney Robert Steele, are sued based on claims stemming from Yoast's prosecution.

Within Group 3, related to his claim that he was denied medical care, Yoast has sued an unidentified John Doe defendant, Anthony Hoch, PrimeCare Medical, Ryan VanDorick, Timothy Stein, and Montgomery County.

I. BACKGROUND²

A. Harassment Charges Related to Text Messages Incidents

Yoast is the owner of a home in Pottstown, Pennsylvania which is a rental property, not his home. On November 18, 2016, Aphrodite Hussain entered into a residential lease for the second-floor unit of the home. Sometime in December 2016, Yoast and Hussain became embroiled in a dispute over the conditions of the home. As part of this dispute, on December 21, 2016, Hussain threatened Yoast with a suit for premises liability based on a slip and fall from a dislodged handrail in the apartment. Hussain notified Yoast that she had contacted a personal injury attorney who informed her that she had a viable claim against Yoast.

On December 27th, 2016, based on a series of text messages that Yoast sent Hussain, Officer Fischer filed a harassment charge against Yoast. Then, on January 9, 2017, based on new allegations from Hussain of harassing text messages from Yoast, and after determining that Officer Fischer had previously issued a citation against Yoast, Officer Schmalbach filed harassment charges against Yoast. The harassment charge filed by Officer Fischer was withdrawn and added to the charges filed by Officer Schmalbach.

B. Harassment Charges Related to Alleged Mail Theft

On January 13, 2017, Plaintiff provided notice and entered the apartment for a repair. Yoast alleges that Hussain intentionally left out an envelope from her personal injury attorney for him to see. Yoast photographed the envelope, and because he believed that the damage to the handrail had been caused by Hussain, he sent the photo to Defendant Justin O'Donoghue, a lawyer with MCHA. Yoast wanted the MCHA to amend the Complaint Inspection Report to document that Hussain caused this damage. O'Donoghue rejected Yoast's request.

Yoast further alleges that O'Donoghue was also employed as a partner at the law firm of Defendant Wisler Pearlstine LLP and, in this capacity, O'Donoghue contacted another MCHA employee and instructed her to inform Hussain that Yoast had stolen her mail. Hussain then consulted with Defendant Donald Cheetham, an attorney employed by Legal Aid. Cheetham contacted the Pottstown Police to inform them that Hussain was the victim of mail theft.³ On February 21, 2017, after interviewing O'Donoghue and Yoast, and after allegedly receiving permission from Sergeant Ponto, Officer Portock filed a harassment charge against Yoast.

C. Harassment and Stalking Charges Related to Washing Machine Incident

On February 26, 2017, based on Hussain's request for a new washing machine, Yoast entered the apartment to install one. While he was removing the broken washing machine from the basement, Hussain informed Yoast than he was not supposed to be on the premises. Yoast called Hussain a "bitch" and a "bum" and told her to "mind her own business." Hussain then called the police. Officer Martin arrived, interrogated Yoast, and searched him for contraband.

Corporal O'Neill and Sergeant Ponto then arrived on the scene and were informed by Defendant Manjeet Singh, a friend of Hussain's, that Yoast had said "fuck you" to Hussain. The police then ordered Yoast to leave the premises. Yoast explained that he had not entered her apartment and did not need to provide notice to enter the property, but the officers told him to gather his tools and leave. Yoast ignored the officers and went down to the basement to continue working. Despite Yoast informing the officers that they did not have permission to enter the basement, they followed him and threatened him with arrest if he did not leave.

After Yoast refused, O'Neill arrested him and transported him to the Pottstown Police Station and charged him with stalking and harassment. Plaintiff was then arraigned, and bail was set at $20,000 as requested by O'Neill. Yoast was then transported to MCCF where he was held until February 28, when he posted bail.

D. Harassment and Stalking Charges Related to Yoast Allegedly Kicking Hussain's Car

On March 2, while picking up copies of the Criminal Complaint that O'Neill filed, Yoast spoke to Officer Casio⁴ and told him that he needed to visit the property to take pictures but was worried that Hussain would cause him problems. Yoast asserts that Officer Casio told him that it would not be an issue because he owned the property and that, even though there was a stalking charge filed against him, he would not be arrested. Based on Officer Casio's reassurances, Yoast drove to the property, took some photographs, and then drove away. However, he was pulled over by Officer Portock six block away. When Officer Portock asked Yoast why he was at the property, Yoast explained that he had to take photographs and that Officer Casio told him that there would not be any issues with doing so. However, after conversing with other police officers who were in his police cruiser, Officer Portock returned and arrested Yoast. Officer Portock explained that Yoast was under arrest for kicking Hussain's car. Officer Portock based this assertion on Defendant Catherine Hallinger's report that Yoast was yelling and kicking Hussain's car and Defendant Leon Smith's report that he heard a disturbance, both of which were reported to Officer Cortis. Defendants Adrian and Leon Smith reside in a home owned by Defendants' Edward and Jeanne Forbes, which is approximately 40 feet away from Yoast's property. Hallinger is Leon Smith's girlfriend and resides in the home as well.

Officers Portock and Hart then transported Yoast to the police station. Yoast was charged with stalking and harassment. Officer Portock, after discussion with other police officers including Chief Drumheller, Portock, O'Neill, and Ponto, requested that bail be set at $1 million. At his arraignment, Officer Pfister advocated that bail be set at $1 million. Yoast's bail was set at $99,000. Bail conditions that Yoast would not enter the Borough of Pottstown or enter the property he owned were also imposed. After approximately seven hours spent at the Pottstown Police Station, Officer Long transported Yoast to MCCF.

E. Denial of Medical Care

When Yoast arrived at MCCF on March 2, he informed an unidentified John Doe defendant that he suffered from sleep apnea and requested that the facility provide him with a CPAP machine. Doe informed Yoast that due to the early hour he could not provide Yoast with the machine but that he would submit Yoast's request to the proper authorities.

Two days later, Yoast had a consultation with Defendant Anthony Hoch, a certified medical assistant employed by Defendant PrimeCare Medical Inc. Yoast told Hoch that he suffered from sleep apnea and requested a CPAP machine. Hoch asked Yoast if a family member or friend could bring the machine "if necessary," and Yoast said yes. Hoch then told Yoast that he would check if the facility had an available CPAP machine.

On March 6, not having received a CPAP machine, Yoast spoke with Defendant VanDorick, a correctional officer, and requested a CPAP machine. VanDorick refused him. Three days later, Yoast asked Defendant Stein, another correctional officer, for a CPAP...