Opinion

SANTANA v. BERKS COUNTY JAIL SYSTEM

Court
District Court, E.D. Pennsylvania
Filed
Oct 14, 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

NICOLI ANTONIO SANTANA, :

Plaintiff, :

: CIVIL ACTION

v. : NO. 20-CV-1226

:

BERKS COUNTY JAIL SYSTEM, et al., :

Defendants. :

MEMORANDUM

SCHMEHL, J. /s/ JLS October 14, 2022

Defendants, Warden Janine L. Quigley, Chief Deputy Warden Smith, Assistant District

Attorney, K. Kenneth Brown, Captain Castro, and S.O.G. Operator Dew (“Defendants”), move

to dismiss Plaintiff’s Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil

Procedure because it fails to set forth a claim upon which relief can be granted. Plaintiff’s

Amended Complaint seems to assert claims for violation of his right to access the courts under

the First Amendment against all Defendants in their official capacities only and the violation of

his right to be free from unreasonable search under the Fourth Amendment against all defendants

in their official capacities only.

I. FACTUAL ALLEGATIONS

Between August 29, 2017, and February 19, 2019, Plaintiff was confined in the Berks

County Jail System as a pre-trial detainee. On March 2, 2018, at approximately 8:05 a.m., S.O.G.

Operator Dew (“Dew”) conducted a search of Plaintiff’s cell. Plaintiff represents that the search

was conducted without a search warrant, and that he was denied the right to be present during the

search. Plaintiff also alleges that the searching officers advised that the search was being

conducted on the direction and authority from the administrative staff, and on the orders of Berks

County Assistant District Attorney, K. Kenneth Brown (“Brown”). Plaintiff next contends that

upon being placed back in his cell and reviewing the remaining possessions, he determined that a

large stack of papers, including legal documents, were removed by Dew during the search.

Plaintiff indicates that approximately two (2) to four (4) hours later, Dew returned to his cell

with some of Plaintiff’s legal documents, after Dew apparently turned over the originals to Chief

Deputy Warden Smith. Plaintiff indicates that on March 12, 2018, Captain Castro returned

copies of some of the documents confiscated by Dew during the search, indicating that they

could possibly be construed as legal documents or legal work. Plaintiff indicates that he informed

Warden Janine L. Quigley of the incident, after the fact, by way of an appeal, and that she and

other members of BCJS leadership displayed deliberate indifference to violations of Plaintiff’s

constitutional rights.

II. STANDARD OF REVIEW

Federal Rule of Civil Procedure 12(b)(6) governs the Court’s motion to dismiss analysis.

“To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as

true, to ‘state a claim of 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)). A claim satisfies the

plausibility standard when the facts alleged “allow[] the court to draw the reasonable inference

that the defendant is liable for the misconduct alleged.” Burtch v. Millberg Factors, Inc., 662

F.3d 212, 220-21 (3d Cir. 2011) (citing Iqbal, 556 U.S. at 678). While the plausibility standard is

not “akin to a ‘probability requirement,’” there nevertheless must be more than a “sheer

possibility that a defendant has acted unlawfully.” Iqbal, 556 U.S. at 678 (citing Twombly, 550

U.S. at 556). “Where a complaint pleads facts that are ‘merely consistent with’ a defendant’s

liability, it ‘stops short of the line between possibility and plausibility of entitlement to relief.’”

Id. (quoting Twombly, 550 U.S. at 557).

The Court of Appeals requires us to apply a three-step analysis to a 12(b)(6) motion: (1)

“[i]t must ‘tak[e] note of the elements [the] plaintiff must plead to state a claim;’” (2) “it should

identify allegations that, ‘because they are no more than conclusions, are not entitled to the

assumption of truth;’” and, (3) “[w]hen there are well-pleaded factual allegations, [the] court

should assume their veracity and then determine whether they plausibly give rise to an

entitlement for relief.” Connelly v. Lane Construction Corp., 809 F.3d 780, 787 (3d Cir. 2016)

(quoting Iqbal, 556 U.S. at 675, 679). See Burtch, 662 F.3d at 221; Malleus v. George, 641 F.3d

560, 563 (3d Cir. 2011); Santiago v. Warminster Township, 629 F.3d 121, 130 (3d Cir. 2010).

III. DISCUSSION

Plaintiff’s Amended Complaint was filed on September 18, 2020, and Defendants’

Motion to Dismiss that Complaint was filed on January 8, 2021. Thereafter, on July 30, 2021,

after Plaintiff failed to respond to the Motion to Dismiss, this Court entered an Order directing

Plaintiff to show cause why the case should not be dismissed for his failure to prosecute. Plaintiff

was informed that if he failed to respond to the show cause order, his case would be dismissed.

On August 16, 2021, Plaintiff responded to the show cause order and informed the Court

that his place of incarceration was on lockdown due to the COVID-19 pandemic and he was

therefore unable to access the law library. In response, the Court placed this matter in suspense

and directed Plaintiff to file a status report within sixty (60) days. On November 23, 2021,

Plaintiff filed a report stating that he was now able to access the library and asking for this case

to be removed from suspense and for him to be give sixty (60) days to respond to Defendants’

Motion to Dismiss. On April 19, 2022, the Court removed this matter from suspense, gave

Plaintiff sixty (60) days to respond to the Motion to Dismiss and instructed Plaintiff that if he

fails to file said response, his case may be dismissed for failure to prosecute. On June 22, 2022,

Plaintiff filed a motion for an extension of time to respond to the Motion, which the Court

granted on June 29, 2022, giving Plaintiff an extra thirty (30) days to file his response, or until

July 29, 2022. As of the date of this opinion, Plaintiff has neither filed a response nor requested

more time to do so.

Plaintiff has failed to respond to the motion to dismiss filed by Defendants. Failure to

make a timely response allows the court to treat a motion as uncontested. Move Organization v.

City of Philadelphia, 89 F.R.D. 521, 523 (E.D. Pa. 1981). Further, there is no question that

Plaintiff received a copy of the motion to dismiss, as well as the orders of this Court granting

him extensions of time to file, as the docket entries show that the orders were served upon him at

SCI Forest and as of the date of this opinion, Plaintiff remains incarcerated at SCI Forest.

Plaintiff’s response was due in July of 2022, and he has not responded, nor has he requested

additional time to do so.

Rule 7.1(c) of the local Rules of Civil Procedure for the Eastern District of Pennsylvania

provides that “[i]n the absence of a timely response, the motion may be granted as uncontested

except as provided under [the Federal Rules of Civil Procedure governing summary judgment

motions];” see also Celestial Community Development Corp., Inc., v. City of Philadelphia, 901

F.Supp.2d 566, 578 (E.D. Pa. 2010)(Gardner, J.) (“To put it simply: plaintiffs who fail to brief

their opposition to portions of motions to dismiss do so at the risk of having those parts of the

motions to dismiss granted as uncontested.”); Nelson v. DeVry, Inc., 2009 WL 1213640 (E.D. Pa.

April 23, 2009)(Jones, J.) (“Failure to address even part of a motion in a responsive brief may

result in that aspect of the motion being treated as unopposed.”). Accordingly, Defendants’

motion to dismiss is granted as unopposed.

IV. CONCLUSION

For the foregoing reasons, Defendants’ Motion to Dismiss will be granted as unopposed

and this matter will be dismissed.

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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