Opinion

THOMAS v. LIGOURI

Court
District Court, E.D. Pennsylvania
Filed
Jul 13, 2022
Cited by
0 cases
Authority
More cited than 28.9%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

__________________________________________

CHARLES THOMAS, JR., :

Plaintiff, :

:

v. : Civil No. 5:20-cv-01457-JMG

:

JUSTIN LIGUORI et al., :

Defendants. :

__________________________________________

MEMORANDUM OPINION

GALLAGHER, J. July 13, 2022

I. OVERVIEW

This is a civil rights action between Plaintiff Charles Thomas, Jr., the City of Easton, and

five City of Easton police officers. Plaintiff alleges he was subjected to an unlawful arrest and

excessive force. He has filed charges under 42 U.S.C. Section 1983 against the city and the

officers. Before the Court is Defendants’ Motion for Summary Judgment. For the reasons that

follow, the Court grants the Motion in part and denies it in part.

II. BACKGROUND

On March 17, 2018, at approximately 2:30 a.m., Plaintiff had a physical encounter with

several City of Easton police officers at a local WAWA convenience store. Plaintiff’s Statement

of Facts ¶¶ 17, 21, ECF No. 69-3 (“PSOF”); Defendants’ Statement of Facts ¶¶ 17, 19-27, ECF

No. 66 (“DSOF”). During the encounter, Plaintiff sustained serious injuries that required

emergency medical treatment. PSOF ¶¶ 35, 37-38; DSOF ¶¶ 37-40. The police officers state that

none of them saw how Plaintiff got injured but they surmise he hit his head on the brick wall of

the WAWA. DSOF ¶ 30. Plaintiff has no recollection of the incident. PSOF ¶ 46, 48; DSOF ¶ 48.

WAWA has no surveillance camera that indicated how Plaintiff’s injuries occurred and no

witnesses to the incident could be located. PSOF ¶¶ 52, 53; DSOF ¶¶ 52, 53.

Plaintiff was subsequently charged criminally and found guilty of resisting arrest,

disorderly conduct, and public drunkenness by a judge and jury at the Northampton County Court

of Common Pleas. Second Amended Complaint ¶ 42, ECF No. 60 (“Complaint”). Plaintiff

appealed to the Superior Court of Pennsylvania which vacated his convictions concluding “the

officers lacked probable cause to arrest [Plaintiff],” and “the evidence was insufficient to support

all the crimes charged and tried.” Complaint ¶ 45; Commonwealth v. Thomas, 8-9, No. 931 EDA

2020 (Pa. Sup. Ct. July 28, 2021).

Based on these events, Plaintiff filed a Section 1983 Complaint. Defendants move for

summary judgment.

III. SUMMARY JUDGMENT STANDARD

Summary judgment is properly granted when there is “no genuine dispute as to any

material fact and the movant is entitled to judgment as a matter of law.” FED. R. CIV. P. 56(a).

Facts are material if they “might affect the outcome of the suit under the governing law.”

Physicians Healthsource, Inc. v. Cephalon, Inc., 954 F.3d 615, 618 (3d Cir. 2020) (quoting

Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)). A dispute as to those facts is genuine

if the “evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Id.

(quoting Anderson, 477 U.S. at 248). “We view all the facts in the light most favorable to the

nonmoving party and draw all inferences in that party’s favor.” Id. (internal quotation marks and

citation omitted).

The party moving for summary judgment must first “identify [] those portions of the

pleadings, depositions, answers to interrogatories, and admissions on file, together with the

affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact.”

Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986) (internal quotation marks omitted). In response,

the nonmoving party must “designate specific facts showing that there is a genuine issue for trial.”

Id. at 324. “The mere existence of a scintilla of evidence in support of the [nonmovant’s] position

will be insufficient; there must be evidence on which the jury could reasonably find for the

[nonmovant].” Daniels v. Sch. Dist. of Phila., 776 F.3d 181, 192 (3d Cir. 2015).

IV. DISCUSSION

Plaintiff claims his constitutional rights were violated by the City of Easton and five City

of Easton police officers. He brings Section 1983 claims under four theories – “excessive force,”

“false arrest,” “malicious prosecution,” and “municipal liability.” Complaint ¶¶ 51-79. He also

alleges assault and battery under state law. Id.

A. Section 1983 Claims

“Section 1983 provides a cause of action against any person acting under color of state law

who subjects a person or causes a person to be subjected ... to the deprivation of any rights,

privileges, or immunities secured by the Constitution and laws.” Vega v. Tekoh, No. 21-499, 2022

WL 2251304, at *4 (U.S. June 23, 2022). “To state a claim under Section 1983, a plaintiff must

demonstrate that some person has deprived him of a federal right ... and that the person

who deprived him of that right acted under color of state or territorial law.” Halsey v. Pfeiffer, 750

F.3d 273, 290 (3d Cir. 2014).

1. Excessive Force

Plaintiff first claims he was subjected to excessive force by the City of Easton Police

Officers Liguori, Cornelius, and Lollis. Complaint ¶¶ 51-56.

“Police officers are privileged to commit battery pursuant to a lawful arrest, but the

privilege is negated by the use of excessive force.” Groman v. Twp. Of Manalapan, 47 F.3d 628,

634 (3d. Cir. 1995). Under Section 1983, the use of excessive force to effect an arrest violates a

suspect’s Fourth Amendment rights and must be judged by reference to the Fourth Amendment’s

“reasonableness” standard. See Graham v. Connor, 490 U.S. 386, 395–96 (1989). Under this

standard, the officers’ actions must be “objectively reasonable” considering the facts and

circumstances confronting them.1 Id.; see also Patrick v. Moorman, 536 F. App’x 255, 258 (3d

Cir. 2013).

Defendants argue they used reasonable force against Plaintiff and were “merely trying to

restrain Plaintiff for their safety as well as his own.” Brief in Support of Motion for Summary

Judgment 17, ECF No. 66 (“MSJ”). But, they argue, this Court need not reach that determination

because their version of the incident is uncontradicted - as Plaintiff has no memory of the incident

and no video or witnesses exist. MSJ 17; DSOF ¶¶ 52, 53. However, Plaintiff brings evidence. The

paramedic on the scene reported, during his treatment of Plaintiff, “the moment Plaintiff regained

consciousness [during transport] he said the ‘police did this to me - the police assaulted me.’”2

PSOF § 41; Paramedic/EMT Report, JA001070, JA001072, ECF No. 67-8 Exh. 28 (“Par./EMT.

1 To make that determination, courts look to a number of factors including: (1) the severity

of the crime; (2) whether the suspect poses an immediate threat to the safety of the officers or

others; (3) whether he is actively resisting arrest or attempting to evade arrest; (4) the duration of

the action; (5) whether the action takes place in the context of effecting an arrest; (6) the possibility

that the suspect might be armed, and; (7) the number of persons with whom the officer must

contend at one time. See Tennessee v. Garner, 471 U.S. 1, 7, 22 (1985); see also Graham v.

Connor, 490 U.S. at 396; Sharrar v. Felsing, 128 F.3d 810, 822 (3d Cir. 1997).

2 Plaintiff raised this issue in his Statement of Undisputed Facts. PSOF §§ 39, 41.

Defendants raised no objection to admissibility and the Court sees a potential path to

admissibility, including as an “excited utterance” or “statement made for medical diagnosis.” See

FRE R. 803(2), 803(4)(A).

Report”). The paramedic also reported he found it “very odd that … all of the Easton police officers

refused to answer any of my questions.” PSOF ¶ 39; Par/EMT Report J001069. Plaintiff’s expert

witness, Dr. McRae, also contends that Plaintiff’s injuries did not happen as described by the

officers. Dr. McRae’s Report 12-15, ECF No. 67-6 – Exh. 27. Additionally, Plaintiff alleges that

the officers each gave conflicting accounts of the incident in their depositions and court

testimonies. Id. at ¶ 46.

Considering the injuries suffered by Plaintiff, the statements of the attending paramedic,

Plaintiff’s expert witness’s contentions, and the alleged conflicting reports of the police officers,

and taking Plaintiff’s facts in the light most favorable to him, as we must, the Court finds enough

of a factual dispute to survive summary judgment on Plaintiff’s excessive force claim.

2. False Arrest

Plaintiff next claims he was subject to false arrest by Officers Liguori, Cornelius, and

Lollis. Complaint ¶¶ 65-69. “To assess claims of false arrest, the court must determine whether the

arresting officers had probable cause to believe the person arrested had committed the

offense.” Andrews v. Scuilli, 853 F.3d 690, 697 (3d Cir. 2017). The test for an arrest

without probable cause is objective, based on whether the facts and circumstances available to the

officers at the moment of arrest were enough to warrant a reasonable person to believe that the

plaintiff had committed or was committing an offense. See Snell v. City of York, 564 F.3d 659,

671 (3d Cir. 2009). Further, the Fourth Amendment is a limitation upon police conduct even if the

officers stop short of a “technical arrest” and their action does not culminate in an “arrest” in

traditional terminology. See Terry v. Ohio, 392 U.S. 1, 19 (1968). “Whenever a police officer

accosts an individual and restrains his freedom to walk away, he has “seized” that person.” Id. at

16.

Defendants argue there was no “arrest” and, even if there was, they had probable cause for

the arrest. MSJ 6, 10-11. They contend “the prosecutor’s office, the magisterial district judge, and

the criminal court judge all agreed with [their] conclusion that there was probable cause to file

charges.” 3 Id. at 11. Plaintiff argues the opposite, maintaining he was arrested - i.e., he was

“seized” and prevented from walking away. Plaintiff’s Memo in Opposition to Defendants’ Motion

for Summary Judgment 11, ECF No. 69-2 (“Memo”). He contends that “the officers testified

during their depositions and the entire criminal trial that their intent was to arrest him,” and were

thwarted “only because he had to be transported by ambulance to the hospital.”4 Memo 3, 11.

Plaintiff maintains the finding of probable cause in the earlier criminal case was not based on the

totality of evidence the Superior Court later used to vacate his criminal charges. Memo 3-5.

Additionally, he notes the paramedic on the scene reported that Plaintiff cried out multiple times

during transport to the hospital “the police assaulted me.” PSOF §41.

Considering the foregoing, and taking the facts in the light most favorable to Plaintiff, there

exists sufficient factual dispute to send to the factfinder the question of whether Plaintiff was

arrested and the cause supporting such arrest.

3 See Commonwealth v. Thomas, CP-48-CR-01855-2018 (N.C.C.P. March 11, 2020).

4 See Liguori Depo. Exh. 7 JA000080 71:17-19 ECF No. 67-2 (“So, at that time, I decided

to make an arrest and I wanted to put him in handcuffs, take him into custody.”); “He was told he

was under arrest and to put his hands behind his back.” Commonwealth v. Thomas, 931 EDA

2020 at * 3 (Pa. Super. Ct. July 28, 2021) (quoting Officer Liguori trial testimony.).

3. Malicious Prosecution

Plaintiff next brings a malicious prosecution claim against Officers Liguori, Cornelius,

Lollis, Ocetnik, and Herncane. Complaint ¶¶ 70-75. “To prevail in a Section 1983 malicious

prosecution action, a plaintiff must show: (1) the defendants initiated a criminal proceeding; (2)

the criminal proceeding ended in the 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 a deprivation of liberty consistent with the concept

of seizure as a consequence of a legal proceeding.” DiBella v. Borough of Beachwood, 407 F.3d

599, 601 (3d Cir. 2005) citing Estate of Smith v. Marasco, 318 F.3d 497, 521 (3d Cir. 2003).

Defendants challenge prongs one, three, and five. MSJ 13-14.

First, Defendants argue Officers Cornelius, Lollis, Ocetnik, and Herncane did not

personally take part in initiating a criminal proceeding against Plaintiff. Id. at 13. The defendant(s)

on a malicious prosecution claim must have personally initiated criminal proceedings against the

plaintiff. See Piazza v. Lakkis, 2012 WL 2007112, at *12 (M.D. Pa. 2012).

Officers Cornelius, Lollis, Ocetnik, and Herncane did not initiate criminal proceedings

against Plaintiff. See Police Cr. Compl. JA 00128-JA001287, ECF No. 67-7 Exh. 31. Indeed,

Plaintiff concedes that only Officer Liguori signed the original Affidavit for the Criminal

Complaint. Memo 10. Accordingly, the Court will grant summary judgment to Officers Cornelius,

Lollis, Ocetnik, and Herncane on the malicious prosecution claim. See Bishop v. Upper Darby

Police Dep’t, No. 15-CV-6069, 2021 WL 4818272, at *8 (E.D. Pa. Oct. 14, 2021) (Summary

judgment was granted to the three defendants who did not initiate criminal proceedings against

Plaintiff.).

Next, regarding prong three and the issue of probable cause, Defendants again maintain

Officer Liguori had probable cause to initiate the criminal proceeding. MSJ 10. And Plaintiff again

counters, “the finding [of the criminal court] was not based on the totality of the evidence” and,

“more importantly, the Superior Court opinion nullifies [those trial] findings.” 5 Memo 5.

Similarly, regarding prong five, Defendants again contend Plaintiff did not suffer a

deprivation of liberty because he was not arrested and never imprisoned. MSJ 15. Plaintiff counters

that although he was not officially arrested, he was seized as per the testimony of three officers

and denied his liberty by being subjected to restrictive pretrial conditions, urine sampling, and

three years of monitoring. Memo 11.

As with the challenge to the false arrest claim, the Courts finds there is a material factual

dispute as to probable cause to arrest. Further, because “pretrial custody and some onerous types

of pretrial, non-custodial restrictions constitute a Fourth Amendment seizure,” there is sufficient

evidence to move forward with Plaintiff’s claim of malicious prosecution and summary judgment

will be denied on this claim as to Officer Liguori. See DiBella v. Borough of Beachwood, 407 F.3d

599, 603 (3d Cir. 2005).

4. Municipal Liability

Plaintiff next asserts a Section 1983 claim against the City of Easton for municipal liability.

Complaint ¶¶ 76-79. A claim of municipal liability under Section 1983 may proceed in two ways

- a plaintiff may allege that: (1) a municipality’s unconstitutional policy or custom led to his or her

5 See Commonwealth v. Thomas, 931 EDA 2020 at *9 (Pa. Super. Ct. July 28, 2021)

(“Therefore, Appellant was subjected to an unlawful arrest and his conviction for resisting arrest

cannot stand. Appellant therefore is entitled to have his convictions for both disorderly conduct

and resisting arrest vacated.”).

injuries and/or that; (2) a municipality failed to supervise, train, or discipline their employee(s)

and said failure amounts to deliberate indifference to the constitutional rights of those affected. See

Forrest v. Parry, 930 F.3d 93, 105 (3d Cir. 2019).

Plaintiff appears to be pursuing both avenues. First, he alleges the “City of Easton failed

to develop or developed policies or procedures with total disregard to Plaintiff’s rights.” Complaint

¶ 77. Second, he alleges the City of Easton’s failure to properly train and supervise the individual

officers has promoted a conscious disregard for the use of police powers. Id. at ¶ 78.

When a municipality is sued under Section 1983, the plaintiff is required to show that the

challenged acts were performed pursuant to a municipal policy or custom. Bd. of Cnty. Comm'rs

of Bryan Cnty., Okl. v. Brown, 520 U.S. 397, 403 (1997). The policy or custom need not be an

express rule, rather, it is sufficient for a plaintiff to show that the discriminatory conduct is so

persistent and widespread, so permanent and well settled, as to constitute a custom or usage with

the force of law. See Spruill v. School District of Phila. 569 F. Supp 3d 253, 263 (E.D. Pa. 2021).

Further, it is generally held that a single incident involving the use of excessive force by a police

officer is insufficient to support a finding of an unconstitutional municipal policy or custom. See

City of Oklahoma v. Tuttle, 471 U.S. 808, 841 (1985); see also Lawson v. City of Phila. 2018 WL

925012 at * 4 (E.D. Pa. Feb. 16, 2018). The “single incident” rule also applies when liability is

premised on failure to train or discipline. Id.

Defendants maintain that “Plaintiff’s assertions . . . fall far short of the evidence required

to support his Monell claim against the city.” MTD 24. The Court agrees. Plaintiff fails to cite any

specific relevant evidence to support his claim. For example, to support his first policy claim, he

points to the Internal Investigation Report conducted by Officer Herncane which notes the “actions

taken were within the guidelines.” Memo 17. He uses the roundabout logic that because the Chief

of Police signed off on the report, and the report included alleged excessive force – the City’s

official policy must be to allow excessive force. Id. Additionally, Plaintiff makes no mention of

any evidence to support his false arrest or malicious prosecution claims against the city. Further,

if Plaintiff is trying to prove a pervasive custom or usage of excessive force, false arrest, or

malicious imprisonment, he fails there as well by pointing only to the current incident.

Plaintiff then argues that the City’s failure to discipline the officers after the Superior Court

vacated his charges demonstrates deliberate indifference and “systemic failure.” Memo 21. This

argument fares no better. Deliberate indifference is a stringent standard of fault, requiring proof

that a municipal actor disregarded a known or obvious consequence of his action. See Bd. of Cty.

Comm’rs. of Bryan Cty. Okl., 520 U.S. at 410. Failure to adequately screen, train [or discipline]

municipal employees can ordinarily be considered deliberate indifference only where the failure

has caused a pattern of violations. Id.; see also Berg v. Cnty. of Allegheny, 219 F.3d 261, 276 (3d

Cir. 2000). Also, for a municipality to be liable, “the identified deficiency in a training[,

supervision, or discipline] program must be closely related to the ultimate injury, which means the

plaintiff must prove that the deficiency in training[, supervision, or discipline] actually caused the

constitutional violation at issue.” Logan v. Bd. of Educ. of the Sch. Dist. of Pittsburgh, 742 F.

App’x 628, 633 (3d Cir. 2018) (citing Doe v. Luzerne Cty., 660 F.3d 169, 180 (3d Cir. 2011)).

Given this stringent standard of fault, Plaintiff does not proffer sufficient evidence to

support a Monell failure to discipline claim. First, Plaintiff does not provide evidence supporting

his conclusory allegation that a deficiency existed. Further, although Plaintiff speaks of faulty

“department procedure” and “systemic failure,” he presents no evidence of any prior disciplinary

infractions of the involved officers or any other officers. Additionally, Plaintiff has not alleged a

specific relevant fact to show this deficiency actually caused the constitutional violations at issue.

Accordingly, Plaintiff has failed to identify record evidence that could allow a reasonable

jury to find in his favor on the municipal liability theory. Therefore, the theory of Monell liability

fails and summary judgement will be granted for Plaintiff’s municipal liability claim.

5. Qualified Immunity

Defendants maintain that “at a minimum, they are entitled to qualified immunity.” MTD

18. “Qualified immunity shields government officials from civil damages liability unless the

official violated a statutory or constitutional right that was clearly established at the time of the

challenged conduct.” Reichle v. Howards, 566 U.S. 658, 664 (2012). As an affirmative defense,

the burden of establishing qualified immunity falls on the official claiming it. See Burns v. Pa.

Dep't of Corr., 642 F.3d 163, 176 (3d Cir. 2011). In resolving questions of qualified immunity at

summary judgment, courts engage in a two-pronged inquiry: (1) whether the facts, taken in the

light most favorable to the nonmoving party show the officer’s conduct violated a federal right and

(2) whether the right in question was clearly established at the time of the violation. See Tolan v.

Cotton, 572 U.S. 650, 655-656 (2014). Courts are free to address the two elements in whichever

order they deem appropriate. Halsey v. Pfeiffer, 750 F.3d 273, 287 (3d Cir. 2014).

Defendants argue they are entitled to qualified immunity because, among other things,

“Plaintiff has no evidence to suggest [the officers] used any force, other than the force to try to

restrain Plaintiff, or that [the officers] intentionally caused [Plaintiff’s] head to make contact with

the corner of the brick wall.” MSJ 21. But, as discussed, Plaintiff does present evidence sufficient

at this stage to dispute Defendants’ version of events, including the paramedic’s report that

Plaintiff exclaimed multiple times he was assaulted by the officers, and his expert witness’s report

that additional force was required to produce Plaintiff’s head injury. The Court must accept this

evidence as true. This undermines Defendants’ qualified immunity argument and prevents the

Court from making a determination on qualified immunity at this stage of the proceeding

6. Official Immunity on the State Law Claims

Finally, Defendants maintain they should be granted official immunity for Plaintiff’s state

claims of assault and battery. MSJ 26. State officials are granted official immunity under 42

Pa.C.S.A §§ 8501–8564. Under Pennsylvania law, Plaintiff is subject to substantially the same

level of protection as under federal law. See DeVatt v. Lohenitz, 338 F. Supp. 2d 588, 598 (E.D.

Pa. 2004).

In order to be protected by official immunity the claim asserted must arise from or be

reasonably related to the duties of the employee, the actions must not constitute a crime, fraud,

malice, or willful misconduct, and the conduct of the employee must be authorized by law, or the

official reasonably believed the conduct was authorized by law, or the act of the employee was

within the policy making discretion granted to that employee. Pa. C.S.A. § 8546; see also Devatt,

338 F. Supp. 2d at 599-600.

Defendants argue they are entitled to official immunity because “there is no evidence they

committed a crime, acted with malice, or engaged in willful misconduct.” MSJ 28. However, as

discussed above, Plaintiff does present evidence to dispute Defendants’ version of events,

including his expert witness’s statements and the attending paramedic’s report.

Again, we must accept this evidence as true. And, again, this undermines Defendants’

official immunity argument and prevents the Court from deciding on official immunity on the state

law claims at this stage of the proceedings.

7. State Law Claims

Although Defendants do not present a specific argument pertaining to Plaintiff’s state law

claims, outside of their request for official immunity, the Court shall briefly review these claims

in the interest of completeness.

Plaintiff brings the state law claims of assault and battery against Defendants. Complaint

¶¶ 57-64. Although “[a] police officer may use reasonable force to prevent interference with the

exercise of his authority or the performance of his duty,” he nevertheless “may be held liable for

assault and battery when a jury determines that the force used in making an arrest is unnecessary

or excessive.” Renk v. City of Pittsburgh, 537 Pa. 68, 641 A.2d 289, 293 (Pa. 1994). “The

reasonableness of the force used in making the arrest determines whether the police officer's

conduct constitutes an assault and battery.” Id.; see also Boyden v. Twp. of Upper Darby, 5 F.

Supp.3d 731, 744 (E.D. Pa. 2014).

The Court has already concluded that a reasonable factfinder could conclude that

Defendants’ use of force was objectively unreasonable based on Plaintiff’s expert witness’s

contentions, the statements of the attending paramedic, and the alleged conflicting reports of the

police officers.

Accordingly, summary judgment will be denied for the state law claims of assault and

battery.

V. CONCLUSION

For the foregoing reasons, we deny Defendants’ motion for summary judgment for Counts

One, Two, Three, and Four of Plaintiff’s Second Amended Complaint. We also deny summary

judgment for Count Five as to Officer Liguori.

We grant Defendants’ motion for summary judgment for Count Six of Plaintiff’s Second

Amended Complaint and for Count Five as to Officers Cornelius, Lollis, Ocetnik, and Herncane.

An appropriate Order follows.

BY THE COURT:

/s/ John M. Gallagher

JOHN M. GALLAGHER

United States District Court Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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