# STIEF v. ROBESON TOWNSHIP

> District Court, E.D. Pennsylvania · May 26, 2021

URL: https://www.frixlaw.com/law-library/cases/10401066

## Case

- **Court:** District Court, E.D. Pennsylvania
- **Decided:** May 26, 2021
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10401066

## How later opinions describe it (automated extraction)

- explaining that a claimant must “provide a statement sufficient to put the opposing party on notice of the claim” (internal quotation marks and citation omitted)

## Opinion text

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________

NATHANIEL STIEF, :
Plaintiff, :
:
v. : Civil No. 5:20-cv-06272-JMG
:
ROBESON TOWNSHIP, et al., :
Defendants. :
__________________________________________

MEMORANDUM OPINION
GALLAGHER, J. May 26, 2021
Defendant Brad Brenner, an officer with the Robeson Township Police Department,
arrested Plaintiff Nathaniel Stief after discovering marijuana and firearms in his home. Stief
now alleges that Defendants Brenner and Robeson Township1 infringed his constitutional rights
and committed trespass to chattels and malicious prosecution in violation of Pennsylvania state
law. Before the Court is the defendants’ motion to dismiss. For the reasons explained below, the
motion will be granted.
I. FACTUAL ALLEGATIONS2
This case stems from a series of interactions between Brenner and Stief. Their saga
begins on October 2, 2018, when Stief was arrested for violating a protection from abuse (PFA)

1 Stief also named Robeson Township Police Department as a defendant. See Compl. ¶ 4,
ECF No. 1. He has since indicated that he is no longer pursuing claims against that entity. See
Pl.’s Opp’n 5, ECF No. 3-1.

2 This summary is premised on the factual allegations contained in Stief’s Complaint. For
purposes of this motion, the allegations are presumed to be true and are construed in the light
most favorable to Stief.
order concerning his estranged wife.3 Compl. ¶¶ 6–8, ECF No. 1 [hereinafter “Compl.”].
Brenner, who executed the arrest at Stief’s home, noticed marijuana in the premises. Id. ¶ 9. He
thereafter obtained a search warrant and, when he returned to the home, found three gun safes
inside. Id. Stief was still in custody, so Brenner phoned in the fire department to cut the safes

open. Id. Their search uncovered firearms, and the safes were destroyed in the process. Id.
Brenner believed that Stief’s possession of firearms constituted a third-degree felony, so
he secured an arrest warrant from a Magisterial District Judge. Id. ¶¶ 10–12. Later in October,
Brenner executed the warrant and once again arrested Stief at his home. Id. ¶ 13. Stief “was
angry and made a number of angry statements” to Brenner. Id. ¶ 14. This prompted Brenner to
charge Stief with making terroristic threats. Id. ¶ 15. Stief, facing felony firearms charges and
accused of making terroristic threats, remained in custody for one day. Id. ¶ 16.
At the preliminary hearing for Stief’s criminal case, the Berks County District Attorney
reduced the firearms charge to a misdemeanor. Id. ¶ 18. About six months later, after
conducting discovery and filing pretrial motions, the District Attorney nolle prossed the

terroristic threats charge. Id. ¶¶ 19–20. Stief ultimately pleaded guilty to possessing firearms
and marijuana, for which he received four years’ probation. Id. ¶ 20.
Stief subsequently initiated this action against Brenner and Robeson Township. He
claims that both defendants violated his constitutional rights and committed trespass to chattels
and malicious prosecution under Pennsylvania state law.
II. STANDARD
A complaint may be dismissed for failing to “state a claim upon which relief can be

3 The Complaint states that these events occurred in 2020. See Compl. ¶ 6. This is a
“typographical error.” See Pl.’s Opp’n 1 n.1, ECF No. 3-1.
granted.” FED. R. CIV. P. 12(b)(6). To survive the motion, the 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 (2009) (quoting Bell Atl. Corp. v. Twombly, 550
U.S. 544, 570 (2007)). “Although the plausibility standard does not impose a probability

requirement, it does require a pleading to show more than a sheer possibility that a defendant has
acted unlawfully.” Connelly v. Lane Const. Corp., 809 F.3d 780, 786 (3d Cir. 2016) (internal
quotation marks and citations omitted). A plaintiff cannot rely on mere “labels and conclusions,
and a formulaic recitation of a cause of action’s elements will not do.” Twombly, 550 U.S. at
545.
Third Circuit courts use a three-step framework to evaluate the sufficiency of a
complaint. Santiago v. Warminster Twp., 629 F.3d 121, 130 (3d Cir. 2010). First, we note “the
elements [the] plaintiff must plead to state a claim.” Connelly, 809 F.3d at 787 (quoting Iqbal,
556 U.S. at 675). We then “identify allegations that, ‘because they are no more than
conclusions, are not entitled to the assumption of truth.’” Id. (quoting Iqbal, 556 U.S. at 679).

Finally, we assume the veracity of well-pleaded factual allegations “and then determine whether
they plausibly give rise to an entitlement to relief.” Id. (quoting Iqbal, 556 U.S. at 679).
In performing this analysis, we “accept as true all allegations in the plaintiff’s complaint
as well as all reasonable inferences that can be drawn from them, and we construe them in a light
most favorable to the non-movant.” Tatis v. Allied Interstate, LLC, 882 F.3d 422, 426 (3d Cir.
2018) (quoting Sheridan v. NGK Metals Corp., 609 F.3d 239, 262 n.27 (3d Cir. 2010)).
III. DISCUSSION
The defendants move to dismiss the Complaint in its entirety. We first consider Stief’s
federal claims before turning to his state law claims.
A. Federal Claims
In Count III, Stief brings claims under 42 U.S.C. § 1983 against Brenner and Robeson
Township.4 See Compl. ¶¶ 37–44. He alleges that the defendants conspired to deprive him of
his constitutional rights by (1) initiating a malicious prosecution for terroristic threats; (2)

executing an unlawful arrest on felony firearms charges; and (3) destroying his gun safes. Id. ¶
38. After analyzing Stief’s conspiracy claim, we will review the allegations against Robeson
Township and then consider the allegations against Brenner.
1. Defendants Robeson Township and Brenner (§ 1983 Conspiracy
Liability)
To state a section 1983 claim, a plaintiff must show “a deprivation of a constitutional
right and that the constitutional deprivation was caused by a person acting under the color of
state law.” Phillips v. Cnty. of Allegheny, 515 F.3d 224, 235 (3d Cir. 2008) (internal citation
omitted). At issue here is Stief’s right to be free from unlawful searches and seizures, which
defendants allegedly violated by (1) maliciously prosecuting Stief for making terroristic threats;
(2) unlawfully arresting Stief for a felony firearms charge; and (3) destroying Stief’s gun safes
while searching his home.5

4 The statute provides, in relevant part, that “[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, shall be liable to the party injured in an action at law, suit in equity,
or other proper proceeding for redress.” 42 U.S.C. § 1983.

5 Stief specifically pleads that defendants violated the Fifth and Fourteenth Amendments.
See Compl. ¶ 44. However, as both parties appear to recognize, Stief’s claims sound in the
Fourth Amendment. See Defs.’ Mot. 8, ECF No. 2-1; Pl.’s Opp’n 7, ECF No. 3-1. The failure to
mention the Fourth Amendment does not warrant dismissal. See, e.g., McCall v. City of Phila.,
396 F. Supp. 3d 549, 556 (E.D. Pa. 2019) (“The Court construes the reference to the Fourteenth
Amendment simply as incorporating Plaintiffs’ Fourth Amendment claims of . . . unlawful arrest
and search, and malicious prosecution . . . .”); Bletz v. Corrie, No. 1:16-cv-00717, 2019 WL
1354005, at *3 n.7 (M.D. Pa. Mar. 26, 2019) (“To the extent Plaintiff[] refer[s] to the Fourteenth
“In order to state a claim for conspiracy under section 1983, a plaintiff must establish (1)
the existence of a conspiracy involving state action; and (2) a deprivation of civil rights in
furtherance of the conspiracy by a party to the conspiracy.” Rosembert v. Borough of E.
Lansdowne, 14 F. Supp. 3d 631, 647 (E.D. Pa. 2014) (internal quotation marks and citation

omitted). To that end, Stief must allege plausible facts concerning “(1) the period of the
conspiracy; (2) the object of the conspiracy; and (3) certain actions of the alleged conspirators
taken to achieve that purpose.” Hankin Fam. P’ship v. Upper Merion Twp., No. 01-1622, 2012
WL 43599, at *17 (E.D. Pa. Jan. 6, 2012) (internal quotation marks and citation omitted); see
also Rosembert, 14 F. Supp. 3d at 648 (“To withstand a motion to dismiss, a complaint alleging a
civil rights conspiracy should identify with particularity the conduct violating plaintiffs’ rights,
the time and place of these actions, and the people responsible therefor.” (internal quotation
marks and citation omitted)).
Stief’s conspiracy allegations are limited to a single conclusory paragraph within the
Complaint. He only alleges that defendants “conspir[ed] to violate the rights, privileges, and

immunities guaranteed to [him] by the Constitution and laws of the United States and the laws of
the Commonwealth of Pennsylvania.” Compl. ¶ 38(c). This does not pass muster. Simply put,
Stief has not “averred facts sufficient to support a reasonable inference that defendants reached
an agreement or a meeting of the minds concerning their alleged violations of plaintiff’s rights.”
Chan v. Cnty. of Lancaster, No. 10-cv-03424, 2012 WL 4510776, at *1 (E.D. Pa. Sept. 28,
2012). Stief merely recites “the empty term[] ‘conspiracy’ . . . without supplying the requisite

Amendment for purposes of the application of the Fourth Amendment to actions on the part of a
state, the Court recognizes that the Fourth Amendment applies to conduct of state officials by
operation of the Fourteenth Amendment.”); Heckensweiler v. McLaughlin, 517 F. Supp. 2d 707,
715 (E.D. Pa. 2007) (implying a Fourth Amendment claim even though the “Complaint is
unartfully drafted”).
details of an agreement.” Cooper v. City of Chester, No. 11-5381, 2011 WL 6046934, at *8
(E.D. Pa. Dec. 5, 2011). Accordingly, his section 1983 conspiracy claim must be dismissed.
See, e.g., Miles v. Twp. of Barnegat, 343 F. App’x 841, 845 (3d Cir. 2009) (“[T]he single-
sentence conclusory allegations of a conspiracy contained in the [complaint] are insufficient to

allege a plausible conspiracy . . . under § 1983.” (internal citation omitted)); Villarosa v. N.
Coventry Twp., No. 15-4975, 2016 WL 4062731, at *10 (E.D. Pa. July 28, 2016) (“Plaintiff
alleges only conclusory allegations of conspiracy which are insufficient to state a § 1983
claim.”).
2. Defendant Robeson Township (§ 1983 Municipal Liability)
Section 1983 liability does not attach to a municipality based on theories of respondeat
superior or vicarious liability. McCall, 396 F. Supp. 3d at 558–59 (citing Monell v. N.Y.C. Dep’t
of Soc. Servs., 436 U.S. 658, 691 (1978)). Instead, a plaintiff must “establish a causal connection
between the [constitutional] violation and the municipality’s policy or custom.” Valenzuela v.
Roselle, No. 5:20-cv-03638-JMG, 2021 WL 1667473, at *4 (E.D. Pa. Apr. 28, 2021) (citing

Johnson v. City of Phila., 975 F.3d 394, 403 (3d Cir. 2020)). There are two ways to make this
showing. See Forrest v. Parry, 930 F.3d 93, 105 (3d Cir. 2019). First, “[a] plaintiff may put
forth that an unconstitutional policy or custom of the municipality led to his or her injuries.” Id.
(citing Estate of Roman v. City of Newark, 914 F.3d 789, 798 (3d Cir. 2019)). Alternatively, a
plaintiff may allege that his or her injuries “were caused by a failure or inadequacy by the
municipality that reflects a deliberate or conscious choice.” Id. (internal quotation marks and
citation omitted).
A plaintiff alleging an unconstitutional policy must “point to an official proclamation,
policy or edict by a decisionmaker possessing final authority to establish municipal policy on the
relevant subject.” Id. To show an unconstitutional custom, a plaintiff “must evince a course of
conduct so well-settled and permanent as to virtually constitute law.” Id. at 106 (internal citation
omitted).
By contrast, a plaintiff bringing a “failure or inadequacy” claim must demonstrate that the

“failure or inadequacy amount[ed] to deliberate indifference on the part of the municipality.” Id.
(internal citation omitted). Deliberate indifference is found where “(1) municipal policymakers
know that employees will confront a particular situation, (2) the situation involves a difficult
choice or a history of employees mishandling, and (3) the wrong choice by an employee will
frequently cause deprivation of constitutional rights.” Id. (citing Carter v. City of Phila., 181
F.3d 339, 357 (3d Cir. 1999)). “[A] pattern of similar constitutional violations by untrained
employees” is ordinarily necessary to demonstrate deliberate indifference, but a single incident
may, in certain situations, be sufficient. Thomas v. Cumberland Cnty., 749 F.3d 217, 223 (3d
Cir. 2014) (internal quotation marks and citation omitted). In these so-called “single-incident
cases,” the “need for training can be said to be ‘so obvious,’ that failure to do so could properly

be characterized as ‘deliberate indifference’ to constitutional rights.” Id. (quoting City of
Canton, Ohio v. Harris, 489 U.S. 378, 390 n.10 (1989)); see also id. at 223–24 (“Liability in
single-incident cases depends on [t]he likelihood that the situation will recur and the
predictability that an officer lacking specific tools to handle that situation will violate citizens’
rights.” (internal quotation marks and citation omitted)).
Here, Stief alleges that Brenner violated his constitutional rights while “[a]cting under
color of law and pursuant to official policy or custom.” Compl. ¶ 38. This sole allegation is
conclusory and thus insufficient to support a section 1983 claim against Robeson Township.
Indeed, Stief does not point to any specific municipal policy that led to his alleged injuries.
“Conclusory and general claims that paraphrase [section] 1983 will not satisfy federal pleading
requirements,” yet that is all Stief has alleged. McCall, 396 F. Supp. 3d at 559 (citing Wood v.
Williams, 568 F. App’x 100, 104 (3d Cir. 2014)); see also Walker v. N. Wales Borough, 395 F.
Supp. 2d 219, 226 (E.D. Pa. 2005) (dismissing section 1983 claim where plaintiff failed to plead

“any factual allegations . . . [referencing] any official municipal policy or custom endorsing the .
. . Defendants’ conduct”); Washington v. City of Phila., No. 11-3275, 2012 WL 85480, at *8
(E.D. Pa. Jan. 11, 2012) (dismissing section 1983 claim where plaintiff’s “description of the
policy or custom falls far short of a ‘specif[ication of] what exactly that custom or policy was,’
as our Court of Appeals requires” (quoting McTernan v. City of York, Pa., 564 F.3d 636, 658 (3d
Cir. 2009))); Hill v. Borough of Doylestown, No. 14-2975, 2015 WL 1874225, at *3 (E.D. Pa.
Apr. 23, 2015) (“[Plaintiff’s] Complaint alleges only that the municipalities have adopted a
custom or policy of permitting injuries of the sort that he suffered. This, without more, is not
enough to survive a motion to dismiss.”).
Stief’s attempt at pleading a “failure or inadequacy” claim also falls short. He alleges

that all defendants “had power to prevent or aid in preventing the commission” of his injuries,
but “knowingly, recklessly, or with gross negligence[,] failed or refused to do so.” Compl. ¶ 42.
He further alleges that all defendants “directly or indirectly, under color of law, approved or
ratified the unlawful, deliberate, malicious, reckless, and wanton conduct of [the] police officers
involved in these incidents.” Id. ¶ 43. These conclusory allegations do not include any facts
suggesting deliberate indifference. Stief “omits any reference from which we could reasonably
conclude that others have suffered from a pattern of similar constitutional violations.”
Washington, 2012 WL 85480, at *8 (internal quotation marks omitted). And because Stief
“alleges no facts for the Court to infer that his injury was a ‘highly predictable consequence of
the municipality’s failure to train and supervise its officers,’” he has not stated a cognizable
“single-incident claim” either. Ferrara v. Del. Cnty., No. 18-cv-05157, 2019 WL 2568117, at *8
(E.D. Pa. June 21, 2019) (quoting Thomas, 749 F.3d at 225). Therefore, we must dismiss Stief’s
section 1983 claims against Robeson Township. See, e.g., Durham v. City of Phila., No. 20-

3944, 2020 WL 6940021, at *4 (E.D. Pa. Nov. 25, 2020) (dismissing section 1983 claims where
plaintiff “fail[ed] to plead facts which may allow us to plausibly infer municipality liability”).
3. Defendant Brenner (§ 1983 Liability in Individual Capacity)
Count III also raises section 1983 claims against Brenner, but the Complaint is silent as to
whether Stief is suing Brenner in his individual capacity.6 See Compl. ¶¶ 37–44. In this
situation, we “look to the complaints and the ‘course of proceedings’” for guidance. Melo v.
Hafer, 912 F.2d 628, 635 (3d Cir. 1990) (quoting Graham, 473 U.S. at 167 n.14). The following
factors, in particular, suggest that a defendant is being sued in his or her individual capacity:
[T]he plaintiff’s failure to allege that the defendant acted in accordance with a
governmental policy or custom, a plaintiff’s request for compensatory or punitive
damages, since such relief is unavailable in official capacity suits, and the nature of
any defenses raised in response to the complaint . . . [b]ecause qualified immunity
is available only in a personal capacity suit.
Jones v. Culinary Manager II, 30 F. Supp. 2d 491, 496 (E.D. Pa. 1998) (internal quotation marks
and citation omitted).

6 To the extent Stief is also suing Brenner in his official capacity, “[t]he Supreme Court has
stated that a suit under Section 1983 against a municipal officer in his or her official capacity is,
in actuality, a suit against the municipality that the officer represents; an official capacity suit is
essentially treated as a suit against the entity itself.” DeBellis v. Kulp, 166 F. Supp. 2d 255, 265
(E.D. Pa. 2001) (citing Kentucky v. Graham, 473 U.S. 159, 166 (1985)). For the reasons
explained above, the section 1983 claims against Robeson Township must be dismissed.
Therefore, any official capacity claims against Brenner must also be dismissed. See Estate of
Tyler ex rel. Floyd v. Grossman, 108 F. Supp. 3d 279, 289 (E.D. Pa. 2015) (dismissing official
capacity claims against state officials because section 1983 claims against the relevant municipal
entity were dismissed); see also Fitzgerald v. Martin, No. 16-3377, 2017 WL 3310676, at *6
(E.D. Pa. Aug. 3, 2017) (dismissing official capacity claims as “duplicative of the claims”
against the municipality).
Here, Stief requests both compensatory and punitive damages from Brenner, and Brenner
raises a qualified immunity defense in response to the Complaint. Compl. ¶¶ 31, 44; see also
Defs.’ Mot. 7–8, ECF No. 2-1. This suggests that Brenner is being sued in his individual
capacity. See, e.g., Estate of Tyler, 108 F. Supp. 3d at 289 n.2 (concluding that claims were

brought against defendants in their individual capacities where plaintiff sought punitive and
compensatory damages, and defendants advanced an absolute immunity defense in response to
the complaint).
Having found an individual capacity suit, we now consider Stief’s claims against
Brenner. Stief alleges that Brenner violated his constitutional rights by (1) initiating a malicious
prosecution for terroristic threats; (2) executing an unlawful arrest for felony firearms charges;
and (3) destroying his gun safes. Compl. ¶¶ 37–44. Brenner contends that these claims fail
because he is entitled to qualified immunity. Defs.’ Mot. 7–8, ECF No. 2-1.
“Qualified immunity shields government officials from personal liability for civil
damages ‘insofar as their conduct does not violate clearly established statutory or constitutional

rights of which a reasonable person would have known.’” George v. Rehiel, 738 F.3d 562, 571–
72 (3d Cir. 2013) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)). “At the motion-to-
dismiss stage, courts evaluate qualified immunity for a constitutional claim by examining (i)
whether the complaint contains plausible allegations of a constitutional violation and (ii) whether
the asserted constitutional right is clearly established.” Karkalas v. Marks, 845 F. App’x 114,
118 (3d Cir. 2021) (citing Wood v. Moss, 572 U.S. 744, 757 (2014)). We have discretion to
examine either prong first. James v. City of Wilkes-Barre, 700 F.3d 675, 679 (3d Cir. 2012)
(citing Pearson v. Callahan, 555 U.S. 223, 236 (2009)). “If the plaintiff fails to satisfy either
prong, the defendant is entitled to judgment as a matter of law.” Id. (citing Pearson, 555 U.S. at
232).
We will focus on the first prong, as it is dispositive in this case. See Wiggs v. Foley, No.
5:20-cv-02267, 2021 WL 462782, at *4 (E.D. Pa. Feb. 9, 2021) (“Where a plaintiff fails to

establish the underlying offense through his or her allegations, ‘there is no necessity for further
inquiries concerning qualified immunity.’” (quoting Saucier v. Katz, 533 U.S. 194, 201 (2001))).
Stief has failed to plausibly allege that Brenner violated his constitutional rights.
Stief initially raises a malicious prosecution claim against Brenner. See Compl. ¶ 38(a)
(“Defendant Brenner . . . unlawfully and maliciously charged Plaintiff with offenses that he did
not lawfully commit . . . .”). “To prove malicious prosecution under [section] 1983, a plaintiff
must show that: (1) the defendants initiated a criminal proceeding; (2) the criminal proceeding
ended in plaintiff’s favor; (3) the proceeding was initiated without probable cause; (4) the
defendants acted maliciously or for a purpose other than bringing the plaintiff to justice; and (5)
the plaintiff suffered deprivation of liberty consistent with the concept of seizure as a

consequence of a legal proceeding.” Kossler v. Crisanti, 564 F.3d 181, 186 (3d Cir. 2009)
(quoting Estate of Smith v. Marasco, 318 F.3d 497, 521 (3d Cir. 2003)).
Stief’s malicious prosecution fails at the outset because he fails to adequately allege that
Brenner initiated a criminal proceeding. “In most circumstances, a plaintiff can not proceed
against a police officer for a claim of malicious prosecution because a prosecutor, not a police
officer, ‘initiates’ criminal proceedings against an individual.” Harris v. City of Phila., No. Civ.
A. 97-3666, 1998 WL 481061, at *5 (E.D. Pa. Aug. 14, 1998) (internal citation omitted); see
also Albright v. Oliver, 510 U.S. 266, 279 n.5 (1994) (Ginsburg, J., concurring) (“The principal
player in carrying out a prosecution . . . is not police officer but prosecutor.”); Henderson v. City
of Phila., 853 F. Supp. 2d 514, 518 (E.D. Pa. 2012) (“[P]rosecutors rather than police officers are
generally responsible for initiating criminal proceedings . . . .” (quoting Brockington v. City of
Phila., 354 F. Supp. 2d 563, 569 (E.D. Pa. 2005)).
An exception to this rule exists where the police officer “knowingly provided false

information to the prosecutor or otherwise interfered with the prosecutor’s informed discretion.”
Henderson, 853 F. Supp. 2d at 518 (quoting Brockington, 354 F. Supp. 2d at 569); see also
Milbourne v. Baker, No. 11-cv-1866-JD, 2012 WL 1889148, at *11 (E.D. Pa. May 23, 2012) (“A
plaintiff can proceed against a police officer for malicious prosecution only if the officer fails to
disclose exculpatory evidence to prosecutors, makes false or misleading reports to the
prosecutor, omits material information from the reports, or otherwise interferes with the
prosecutor’s ability to exercise independent judgment in deciding whether to prosecute.”
(internal quotation marks and citation omitted)). Stief has not raised any allegations that trigger
this exception. Indeed, he does not present any “allegations that permit the reasonable inference
that [Brenner] provided false information to the prosecutor . . . or that [Brenner] interfered in any

way with the prosecutor’s independent decision to bring charges.” Dress v. Falls Twp., No. 16-
4918, 2017 WL 480410, at *2 (E.D. Pa. Feb. 6, 2017). His malicious prosecution claim against
Brenner must be dismissed as a result.
Stief then claims that he was unlawfully arrested on felony firearms charges. See Compl.
¶ 38(b). The crux of the claim is that Brenner secured an arrest warrant in contravention of the
Pennsylvania Rules of Criminal Procedure. See id. ¶ 10. At the time of Stief’s arrest, possession
of firearms after the issuance of a PFA order was a misdemeanor. 18 PA. STAT. AND CONS.
STAT. ANN. § 6105(c)(6) (West 2021). While a misdemeanor charge ordinarily calls for the
issuance of a summons, PA. R. CRIM. P. 509, Brenner believed that Stief—in possession of
firearms after the issuance of a PFA order—committed a third-degree felony, so he secured an
arrest warrant instead. See Compl. ¶ 12. This decision, Stief argues, “violate[d] the law and
Plaintiff’s rights.” Pl.’s Opp’n 6, ECF No. 3-1; see also id. at 8 (“There was no legal cause to
initiate the case against Stief by arrest warrant, nevertheless Officer Brenner caused an arrest

warrant to be issued.”).
To establish a claim for false arrest, as Stief attempts to do here, “a plaintiff must
demonstrate that the officers conducting the arrest lacked probable cause.” Rosembert, 14 F.
Supp. 3d at 641 (citing Wright v. City of Phila., 409 F.3d 595, 601 (3d Cir. 2005)). A plaintiff
who later pleads guilty cannot argue that the preceding arrest was without probable cause, even if
the guilty plea is for a lesser offense. Walker v. Clearfield Cnty. Dist. Att’y, 413 F. App’x 481,
483 (3d Cir. 2011); see also Ehly v. City of Phila., No. Civ. A. 03-3634, 2004 WL 2583818, at
*3 (E.D. Pa. Nov. 9, 2004) (“Probable cause for a § 1983 unlawful arrest claim is . . . established
by guilty plea or conviction, although not where the conviction is later overturned.” (internal
citation omitted)).

Cresci v. Aquino, No. 13-4695, 2017 U.S. Dist. LEXIS 178464, at *17–18 (D.N.J. Oct.
26, 2017), is instructive here. In Cresci, the court dismissed false arrest and false imprisonment
claims against police officers who arrested the plaintiff. Id. The plaintiff had alleged that the
arresting officers “obtain[ed] an arrest warrant where only a summons would be appropriate
under State law.”7 Id. at *17. “Noncompliance with State procedures,” while relevant, did not

7 New Jersey, like Pennsylvania, distinguishes between arrest warrants and summonses.
See N.J. CT. R. 3:3-1. In Cresci, “[a]lthough [plaintiff] was alleged to have committed two
relatively non-serious crimes, [defendants] obtained a complaint-warrant instead of a complaint-
summons from a judge. The failure to observe the proper summons/warrant procedure, says
[plaintiff], meant that he was arrested when he should have been served with a summons to
appear.” Cresci, 2017 U.S. Dist. LEXIS 178464, at *18 n.9 (internal citation omitted).
establish a section 1983 claim on its own. Id. at *19. Rather, “[t]o make out a constitutional
claim of false arrest or imprisonment,” plaintiff had to “show arrest or confinement without
probable cause.” Id. (citing Groman v. Twp. of Manalapan, 47 F.3d 628, 634–37 (3d Cir.
1995)); see also id. at *17–18 (“[O]btaining an arrest warrant where only a summons would be

appropriate under State law is not per se a violation of the federal Constitution.”)
Here, like the plaintiff in Cresci, Stief “simply conflates the violation of a State rule with
a constitutional lack of probable cause to arrest.” Id. at *19. Stief does not raise any plausible
allegations showing that Brenner, or the Magisterial District Judge who issued the arrest warrant,
“lacked sufficient facts to support a finding of probable cause to believe the charged offense[]
w[as] committed, and that [Stief] was the person who committed [it].” Id. at *20. Further, Stief
pled guilty to a reduced, misdemeanor firearms charge, based on the same events. This “sworn
admission of guilt subsumes a finding of probable cause.” Id. at *22. For these reasons, the
false arrest claim against Brenner must be dismissed.
Finally, Stief claims that Brenner destroyed his gun safes “without legal cause to do so.”

Compl. ¶ 38(e). This claim sounds in the Fourth Amendment—in particular, the right to be free
from an unreasonable search.8 See U.S. CONST. amend IV; see also Compl. ¶ 34 (“While police

8 As discussed above, Stief does not explicitly reference the Fourth Amendment in the
Complaint. This is not fatal to his claim. Given the liberal notice pleading standard, “[w]e are
satisfied that the language in [the] complaint, which includes the basic relevant facts and a
reference to unreasonable [searches] . . . is sufficient to allow [Stief] to proceed.” Lynn v.
Schertzberg, 169 F. App’x 666, 669 (3d Cir. 2006) (evaluating section 1983 claims even though
they “should have been pled more explicitly in Fourth Amendment terms”). The parties are
certainly on notice of Stief’s claim, as they both discuss Fourth Amendment caselaw in their
briefing. See Defs.’ Mot. 8, ECF No. 2-1; Pl.’s Opp’n 9–10, ECF No. 3-1 (discussing the “right
to be free from an unreasonably destructive search”); see also Foulk v. Donjon Marine Co., Inc.,
144 F.3d 252, 256 (3d Cir. 1998) (explaining that a claimant must “provide a statement sufficient
to put the opposing party on notice of the claim” (internal quotation marks and citation omitted)).
searches do allow destruction of personal property in some cases, the destruction of the safes was
clearly unjustified in this case.”).
“To succeed on a Fourth Amendment claim, a plaintiff must show that the defendant’s
actions constituted a ‘search’ or ‘seizure’ within the meaning of the Fourth Amendment and were

‘unreasonable’ under the circumstances.” Verdier v. Borough, 796 F. Supp. 2d 606, 619 (E.D.
Pa. 2011) (citing Brower v. Cnty. of Inyo, 489 U.S. 593, 599 (1989)). The parties do not dispute
that a “search” occurred here; they instead dispute whether Brenner’s decision to cut open Stief’s
gun safes was reasonable. “The general touchstone of reasonableness which governs Fourth
Amendment analysis governs the method of execution of [a] warrant.” United States v. Ramirez,
523 U.S. 65, 71 (1998) (internal citation omitted). While “[e]xcessive or unnecessary
destruction of property in the course of a search” may be unreasonable and thereby violate the
Fourth Amendment, id., “officers executing search warrants on occasion must damage property
in order to perform their duty.” Dalia v. United States, 441 U.S. 238, 258 (1979) (citing United
States v. Brown, 556 F.2d 304, 305 (5th Cir. 1977)).

As currently alleged, Stief does not state a plausible claim against Brenner for
unreasonable execution of a search warrant. Brenner’s conduct in executing the warrant was
neither excessive nor unnecessary, distinguishing this case from one on which Stief principally
relies, Wood v. Se. Pa. Transp. Auth., No. 14-4183, 2016 WL 2619411, at *7 (E.D. Pa. May 6,
2016). There, the court rejected a qualified immunity defense where defendants, while searching
an automobile, destroyed “property of the subject that ha[d] no connection to the object of the
search.” Id. Brenner, by contrast, did not damage property outside the scope of his lawful
search for contraband. Instead, by calling in the fire department to cut open Stief’s safes,
Brenner engaged in conduct reasonably necessary to execute the search warrant. Cf. Badillo v.
Stopko, No. 11-4815, 2012 WL 1565303, at *6 n.7 (D.N.J. May 2, 2012) (dismissing
unreasonable search claim under section 1983 because defendants justifiably engaged in a
“thorough search of the premises,” even though plaintiffs alleged that “furniture was destroyed”
and “holes were made in the walls” as a result); Adams v. Orange Cnty. of N.Y., No. 13 CV

8549(VB), 2015 WL 5459794, at *3 (S.D.N.Y. Sept. 1, 2015) (“[A] plaintiff must allege the
officers’ actions were unreasonable or malicious, and that more than ordinary disarray and
damage incident to the execution of the warrant or search occurred.” (internal quotation marks
and citation omitted)). We therefore dismiss Stief’s final section 1983 claim against Brenner.
B. Leave to Amend Federal Claims
Third Circuit precedent “supports the notion that in civil rights cases district courts must
offer amendment—irrespective of whether it is requested—when dismissing a case for failure to
state a claim unless doing so would be inequitable or futile.” Fletcher-Harlee Corp. v. Pote
Concrete Contractors, Inc., 482 F.3d 247, 251 (3d Cir. 2007). We therefore dismiss Stief’s
section 1983 claims without prejudice, and will permit Stief to file a curative amendment.

C. State Law Claims
Stief’s remaining claims arise under Pennsylvania state law. “A court ‘may decline to
exercise supplemental jurisdiction [over state law claims] if . . . the district court has dismissed
all claims over which it has original jurisdiction.’” Hall-Wadley v. Maint. Dep’t, 386 F. Supp. 3d
512, 519 (E.D. Pa. 2019) (quoting 28 U.S.C. § 1367(c)(3)). Where, as here, “all federal claims
are eliminated before trial, ‘the balance of factors to be considered . . . will point toward
declining to exercise jurisdiction over the remaining state-law claims.’” Id. (quoting Carnegie-
Mellon Univ. v. Cohill, 484 U.S. 343, 350 n.7 (1988)).
Accordingly, we will not exercise supplemental jurisdiction over Stief’s remaining state
law claims, and will dismiss those claims without prejudice. If Stief does not file a curative
amendment to his federal claims, then he may refile his state law claims in state court. See id. at
519–20.

IV. CONCLUSION
For the foregoing reasons, defendants’ motion to dismiss is granted. An appropriate
order follows.
BY THE COURT:

/s/ John M. Gallagher
JOHN M. GALLAGHER
United States District Court Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10401066. Public record. Not legal advice.