Opinion

CURTIS v. WETZEL

Court
District Court, E.D. Pennsylvania
Filed
Oct 3, 2023
Cited by
0 cases
Authority
More cited than 29.0%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

WILLIAM CURTIS, :

Plaintiff, : CIVIL ACTION

: No. 14-786

v. :

:

JOHN WETZEL, et al., :

Defendants. :

MEMORANDUM

Schiller, J. October 3, 2023

William Curtis moves for relief from the Court’s June 12, 2023 judgment against him under

Federal Rule of Civil Procedure 60. The Court denies his motion (ECF 228) for the following

reasons.

I. BACKGROUND

Curtis, who is self-represented, is serving a life sentence without possibility of parole for a

murder conviction. He claims Defendants, fourteen Pennsylvania Department of Corrections

(“DOC”) employees and officials, violated his constitutional rights and various state laws while

he was an inmate at SCI Graterford in 2012 by placing him in the Restricted Housing Unit for his

refusal to sign a form required to receive sex offender treatment. See Curtis v. Wetzel, No. 14-786,

2023 WL 3983789, at *1 (E.D. Pa. June 12, 2023) (See also ECF 226 and 227 (Memorandum and

Order).) The factual background and procedural history relevant to Curtis’ claims are largely set

forth in the Court’s prior opinion.

In June, the Court dismissed Curtis’ official capacity claims for equitable relief against

Defendants Lane, Olinger, Bolton, Regan, Birmingham, Brannen, Kelly, and the Acting Secretary

and Deputy Secretary of the DOC as moot. Curtis, 2023 WL 3983789, at *6-7. The Court also

granted judgment in favor of Defendants Wetzel and Klopotoski with respect to Curtis’ First, Fifth

and Fourteenth Amendment damages claims based on the doctrine of qualified immunity because

he had “not shown any reason why the same qualified immunity analysis that barred his damages

claims against the other Defendants should not apply to bar his damages claims against” them. Id.

at *7.

Curtis filed his motion seeking relief under Rule 60 on July 13 (ECF 228) and, on August 7,

appealed from the Court’s June 12 Order. (ECF 231.) The Third Circuit stayed his appeal pending

resolution of his Rule 60 motion. (See ECF 235.)

II. DISCUSSION

Federal Rule of Civil Procedure 60(b) permits the Court to relieve a party from a final

judgment for, inter alia, mistake, excusable neglect, newly discovered evidence, fraud,

misconduct, or any other reason that justifies relief. Fed. R. Civ. P. 60(b)(1)-(6). Nevertheless,

Curtis does not make clear why he thinks relief from the Court’s final judgment is appropriate and,

upon review of his Motion, the Court finds that it is not.

Curtis’ motion includes a section where he asks “to submit relevant evidence” pursuant to

Federal Rule of Evidence 401. (ECF 228 at ECF p. 19.) But he makes no effort to explain how any

of the documents he has attached are “newly discovered” or why, “with reasonable diligence,”

they “could not have been discovered in time to move for a new trial under Rule 59(b).” Fed. R.

Civ. P. 60(b)(2). One is a page of a document filed in a separate case and signed by Andrea Brannen

in March 2016 which states that the DOC “held a hearing to determine if Curtis should be required

to attend [Sex Offender Programming] since it was discovered . . . he did not have a conviction for

aggravated indecent assault.” (ECF 228 at ECF p. 8.) This is not new evidence. The Court’s prior

decision explicitly referenced Brannen’s discovery of the inaccuracy in Curtis’ “Integrated Case

Summary” and his subsequent Renchenski hearing. Curtis, 2023 WL 3983789, at *3. Another is a

2012 Misconduct Report detailing Curtis’ refusal to sign the form required to participate in Sex

Offender Programming, a misconduct that the Court already considered. Id. Curtis also attaches

an affidavit dated April 10, 2007, evidence that is not “new” and for which he provides no

explanation about why or how it should change the Court’s prior determination. (ECF 228 at ECF

p. 13.) Yet another is an Initial Review Response for a Grievance Curtis made in 2021, long after

this case was filed, but before the Court rendered its final judgment. (ECF 228 at ECF p. 17.) It

contains no information that the Court has not already considered about the circumstances of

Curtis’ referral to and refusal to participate in Sex Offender Programming. (Id.) An attached May

13, 2022 inmate grievance merely reiterates Curtis’ complaints about his referral to the Sex

Offender Program since he had “never plead[ed] guilty or been convicted of a sexual offense.”

(ECF 228 at ECF p. 18.) Another is an October 5, 2020 letter Curtis wrote to the Office of

Population Management in which he asks “to be released to Phoenix Population.” (ECF 228 at

ECF p. 25-31.) But Curtis does not explain why he was not previously able to supply this document

and the information it contains is not new. The Court already considered the circumstances of

Curtis’ placement between 2019 and 2021. Curtis, 2023 WL 3983789, at *4. Curtis has not shown

that Rule 60(b)(2) requires relief from the Court’s judgment.

Nor has Curtis shown that relief is required under Rule 60(b)’s “catchall provision.” Coltec

Indus., Inc. v. Hobgood, 280 F.3d 262, 273 (3d Cir. 2002). Rule 60(b)(6) requires the movant to

show “extraordinary circumstances,” such that “without relief from the judgment, an extreme and

unexpected hardship will result.” Budget Blinds, Inc. v. White, 536 F.3d 244, 251, 255 (3d Cir.

2008) (quotations omitted). Whether to grant or deny a motion for relief under Rule 60(b)(6) is an

equitable matter left to the district court’s discretion and Curtis, as the movant, “bears the burden

of establishing entitlement to such equitable relief . . . .” Cox v. Horn, 757 F.3d 113, 122 (3d Cir.

2014). He has not done so. Rather, instead of presenting extraordinary circumstances that might

entitle him to relief, Curtis’ Motion reflects only his disagreement with the Court’s prior decision

that his remaining claims for equitable relief were moot and that his remaining claims for damages

were barred by the doctrine of qualified immunity.

An Order consistent with this Memorandum will be docketed separately.

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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