Opinion

Talbert v. Commonwealth Of Pennsylvania

Court
District Court, M.D. Pennsylvania
Filed
Apr 22, 2022
Cited by
0 cases
Authority
More cited than 29.1%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF PENNSYLVANIA

CHARLES TALBERT, :

Plaintiff : CIVIL ACTION NO. 3:21-1906

v. : (JUDGE MANNION)

COMM. OF PA, et al., :

Defendants :

MEMORANDUM

I. BACKGROUND

Plaintiff, Charles Talbert, an inmate confined at the State Correctional

Institution, Camp Hill (“SCI-Camp Hill”), Pennsylvania, filed the above

caption civil rights action, pursuant to 42 U.S.C. §1983. (Doc. 1). He

challenges his detention at SCI-Dallas during the COVID-19 pandemic,

claiming that due to his underlying health issues he should have been

included in the “Reprieve of Sentence Incarceration Program,” previously in

effect, that provided that certain vulnerable inmates could be released due

to the pandemic so long as they met certain criteria, including being “within

nine months of their minimum eligibility release date.” Id. The named

Defendants are the Commonwealth of Pennsylvania and Governor Tom

Wolf. Id.

Presently before the Court is the Defendants’ motion to dismiss

Plaintiff’s complaint. (Doc. 15). The motion is ripe for disposition. For the

reasons that follow, the Court will grant Defendants’ motion to dismiss.

II. ALLEGATIONS IN COMPLAINT

Plaintiff alleges that “at, and during the time of the COVID outbreak

and emergency disaster in Pennsylvania, [he] was in the custody of the State

and Wolf, within its DOC state correctional institutions, and has suffered from

the following underlying serious health conditions:

A. high blood pressure

B. chronic asthma

C. Angina

D. Antisocial personality disorder

E. Bipolar.

(Doc. 1). He claims that “pursuant to the WHO, CDC and DHS, inmates like

Plaintiff, with the aforesaid underlying serious health issues, specifically A

though C, were more at serious risk of serious bodily injury and death if

infected with COVID.” Id. He states, “[h]owever, despite the Defendants

aforesaid duty and obligations to Plaintiff, pursuant to Article IV, Section 2 of

the State Constitution, and the Emergency Management Services Code, the

State and Wolf breached their aforesaid duties and legal obligations by way

of:

A. Depriving Plaintiff protection of his safety and welfare during

the disaster emergency caused by the COVID outbreak.

B. Failing to exercise its power to remove Plaintiff from the

disaster area within the DOC where the outbreak infected

thousands and killed serval from those employed by the State.

C. Failing to exercise the law of the State faithfully, and in a

manner in which protected the Plaintiff’s health, safety, and

welfare.

D. Failing to utilize the criminal justice system during the

emergency disaster caused by COVID and direct the PPD to

parole Plaintiff since he was not on death row or serving life.

Id. Plaintiff believes that “as a result of these aforesaid breaches, the

Defendants enforced contrary executive orders, and failed to act, which was

contrary to public law and policy and thus, jeopardized Plaintiff’s health,

safety and welfare during the emergency disaster.” Id.

By November, 2020, Plaintiff claims that he “began to experience

symptoms of COVID, due to the aforesaid dangerous State owned

institutions such as:

A. loss of smell and taste

B. blurred vision

C. migraine headaches

D. breathing complications (shortness of breath)

E. chest and lung pain

F. known and unknown health (short and long term) conditions.

Id. Plaintiff states that he “was seen and treated while at SCI-Dallas for some

of his COVID symptom, to which Plaintiff still suffers from others.” Id.

Plaintiff alleges that Defendants “on or about April 10, 2020 had

established and maintained a discriminative and gross negligent executive

order, in the form of a reprieve of sentence of incarceration program by only

considering, inter alia, the inmate’s minimum eligibility release date, which

had to be within 9 months from the date of the order.” Id. Plaintiff claims that

“even though [he] was not 9 months away from reaching his minimum

eligibility release date, nevertheless, he did not have a life sentence or

sentenced to death row and public policy and law with the Emergency Code

intended for inmates with short sentences, in emergency disaster situations

and circumstances to be released early, especially those at risk due to

serious underlying health conditions.” Id.

Plaintiff alleges that Defendants “failed to allocate CARES Act funding

for the safe removal of inmates from the emergency disaster area” and

“showed more concern to the economic and government operations such as

DOC official payrolls, substantially failing to prioritize the use of its various

statutory and constitutional authorities to grant Plaintiff home confinement.”

Id.

Thus, Plaintiff files the instant action for damages and injunctive relief,

alleging negligence, violations of the Pennsylvania State Constitution, the

Equal Protection Clause, the Americans with Disabilities Act, and the

Rehabilitation Act. Id.

III. Motion to Dismiss

Federal notice and pleading rules require the complaint to provide the

defendant notice of the claim and the grounds upon which it rests. See

Phillips v. Cty. of Allegheny, 515 F.3d 224, 232 (3d Cir. 2008). The plaintiff

must present facts that, accepted as true, demonstrate a plausible right to

relief. See Fed. R. Civ. P. 8(a). Although Federal Rule of Civil Procedure

8(a)(2) requires “only a short and plain statement of the claim showing that

the pleader is entitled to relief,” a complaint may nevertheless be dismissed

under Federal Rule of Civil Procedure 12(b)(6) for its “failure to state a claim

upon which relief can be granted.” See Fed. R. Civ. P. 12(b)(6).

When ruling on a motion to dismiss under Rule 12(b)(6), the court

accepts as true all factual allegations in the complaint and all reasonable

inferences that can be drawn from them, viewed in the light most favorable

to the plaintiff. See Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009); In re Ins.

Brokerage Antitrust Litig., 618 F.3d 300, 314 (3d Cir. 2010). To prevent

dismissal, all civil complaints must set out “sufficient factual matter” to show

that their claims are facially plausible. See Iqbal, 556 U.S. at 678; Fowler v.

UPMC Shadyside, 578 F.3d 203, 210 (3d Cir. 2009). The plausibility

standard requires more than a mere possibility that the defendant is liable

for the alleged misconduct: “[W]here the well-pleaded facts do not permit the

court to infer more than the mere possibility of misconduct, the complaint has

alleged – but it has not ‘show[n]’ – ‘that the pleader is entitled to relief.’ ” See

Iqbal, 556 U.S. at 679 (citing Fed. R. Civ. P. 8(a)(2)).

Accordingly, the Third Circuit has identified the following steps that a

district court must take when reviewing a 12(b)(6) motion: (1) identify the

elements that a plaintiff must plead to state a claim; (2) identify any

conclusory allegations contained in the complaint that are “not entitled” to the

assumption of truth; and (3) determine whether any “well-pleaded factual

allegations” contained in the complaint “plausibly give rise to an entitlement

to relief.” See Santiago v. Warminster Twp., 629 F.3d 121, 130 (3d Cir. 2010)

(internal citations and quotation marks omitted). The Third Circuit has

specified that in ruling on a Rule 12(b)(6) motion to dismiss for failure to state

a claim, “a court must consider only the complaint, exhibits attached to the

complaint, matters of public record, as well as undisputedly authentic

documents if the complainant's claims are based upon these documents.”

See Mayer v. Belichick, 605 F.3d 223, 230 (3d Cir. 2010) (citing Pension

Benefit Guar. Corp. v. White Consol. Indus., Inc., 998 F.2d 1192, 1196 (3d

Cir. 1993)).

In the context of pro se prisoner litigation, the court must be mindful

that a document filed pro se is “to be liberally construed.” See Estelle v.

Gamble, 429 U.S. 97, 106 (1976). A pro se complaint, “however inartfully

pleaded,” must be held to “less stringent standards than formal pleadings

drafted by lawyers” and can be dismissed for failure to state a claim only if it

appears beyond a doubt that the plaintiff can prove no set of facts in support

of his claim that would entitle him to relief. See Haines v. Kerner, 404 U.S.

519, 520-21 (1972).

IV. DISCUSSION

A. Defendant Wolf

Plaintiff names Governor Wolf as a Defendant, noting that he was

personally involved by ordering all state prisons to lockdown and impose

restrictions because of the COVID-19 pandemic. (Doc. 1). Plaintiff’s

allegations, however, are insufficient to plead personal involvement. In Rode

v. Dellarciprete, 845 F.2d 1195, 1208 (3d Cir. 1988), the Third Circuit stated:

“In a large state employing many thousands of employees, a contrary holding

[concluding that the Governor has personal knowledge] would subject the

Governor to potential liability in any case in which an aggrieved [individual]

merely transmitted a complaint to the Governor’s office of administration or

to the Lieutenant Governor’s office.” See also Christian v. Garman, No. 1:20-

cv-1842, 2021 WL 1017251, at *3 (M.D. Pa. Mar. 17, 2021) (Governor

dismissed where the inmate-plaintiff alleged that he was personally involved

by ordering all state prisons to lockdown because of COVID-19); Hampton

v. Wetzel, No. 1:15-cv-897, 2015 WL 2405062, at *2 (M.D. Pa. May 20, 2015)

(Governor dismissed where the inmate-plaintiff “merely allege[d] that he sent

letters to defendants Corbett and Wolf expressing his dissatisfaction with the

DOC and the parole board”). The Court, therefore, will grant Defendants’

motion to dismiss with respect to Plaintiff’s claims against Defendant Wolf.

B. Commonwealth of Pennsylvania

“To state a claim under §1983, a plaintiff must allege the violation of a

right secured by the Constitution and laws of the United States, and must

show that the alleged deprivation was committed by a person acting under

color of state law.” West v. Atkins, 487 U.S. 42, 48 (1988). The Eleventh

Amendment bars suits against a state in federal court when the state has not

waived that immunity. See Will v. Mich. Dep’t of State Police, 491 U.S. 58,

65-66 (1989). The Commonwealth of Pennsylvania has not waived that

immunity here. See 42 Pa. Cons. Stat. §8521(b). Additionally, the

Commonwealth is not considered a “person” for purposes of §1983. See Will,

491 U.S. at 69.

For these reasons, Talbert cannot state a §1983 claim against the

Commonwealth of Pennsylvania. Eleventh Amendment immunity also

precludes Talbert from asserting his negligence claim against the

Commonwealth in federal court. See Brooks v. Beard, 167 F. App’x 923, 926

(3d Cir. 2006) (per curiam) (noting, with regard to inmate’s negligence

claims, that “the state has expressly retained its Eleventh Amendment

immunity for purposes of federal lawsuits”).

C. Fourteenth Amendment Claim

The Equal Protection Clause requires all persons “similarly situated” to

be treated alike by state actors. See City of Cleburne v. Cleburne Living Ctr.,

473 U.S. 432, 439 (1985). Traditionally, “[i]n order to establish a prima facie

case of discrimination under the Equal Protection Clause, [plaintiffs] need[]

to prove that they were members of a protected class [such as race or

gender] and that they received different treatment than that received by

similarly-situated individuals.” See Oliveira v. Twp. of Irvington, 41 F. App’x

555, 559 (3d Cir. 2002). However, where a plaintiff alleges that he alone “has

been intentionally treated differently from others similarly situated and that

there is no rational basis for the difference in treatment,” he may raise a

“class of one” equal protection claim. See Engquist v. Or. Dep’t of Agric., 553

U.S. 591, 598 (2008). To maintain such a claim, a plaintiff must establish that

he has been irrationally singled out for disparate treatment. See id. “[A]t the

very least, to state a claim under [a class of one theory], a plaintiff must allege

that (1) the defendant treated him differently from others similarly situated,

(2) the defendant did so intentionally, and (3) there was no rational basis for

the difference in treatment.” Mosca v. Cole, 217 F. App’x 158, 164 (3d Cir.

2007). When alleging the existence of similarly situated individuals, plaintiffs

“cannot use allegations . . . that amount to nothing more than ‘conclusory,

boilerplate language’ to show that he may be entitled to relief,” and “bald

assertion[s] that other[s] . . .were treated in a dissimilar manner” will not

suffice. See Young v. New Sewickley Twp., 160 F. App’x 263, 266 (3d Cir.

2005) (citing Evancho v. Fisher, 423 F.3d 347, 353 (3d Cir. 2005)).

Here, Plaintiff alleges that Defendants “treated Plaintiff differently” than

others who were released under the Governor’s Order of Reprieve1 when

they failed to release him early under the program. (Doc. 1). Plaintiff,

1 See ORDER OF THE GOVERNOR OF THE COMMONWEALTH

OF PENNSYLVANIA REGARDING INDIVIDUALS INCARCERATED IN

STATE CORRECTIONAL INSTITUTIONS

https://www.governor.pa.gov/wp-content/uploads/2020/04/20200410-

GOV-DOC-reprieve-release-order-COVID-19.pdf

himself, however, admits that he did not meet the nine-month grace period

required for early release consideration under the Order. Id. Nor is there any

indication that Plaintiff satisfied any other prerequisite either. Thus, Plaintiff’s

own complaint demonstrates that he is not similarly situated to the population

of which he wishes to be treated akin. Consequently, his equal protection

claim, fails on the face of the Complaint.

D. ADA and RA Claims

Plaintiff claims that Defendants “deprived [him] the opportunity to

benefit from the Emergency Management Services Code and Reprieve

Program for early release through a substantial showing of discrimination.”

(Doc. 1).

Plaintiff’s ADA and RA claims will be considered together because “the

substantive standards for determining liability are the same.” Furgess v. Pa.

Dep’t of Corr., 933 F.3d 285, 288 (3d Cir. 2019) (citation omitted). To prevail

on his claims under Title II of the ADA and Section 504 of the RA, Plaintiff

must show: (1) “he is a qualified individual with a disability”; (2) he “was

precluded from participating in a program, service, or activity, or otherwise

was subject to discrimination”; (3) “by reason of his disability.” Id. at 288–89;

42 U.S.C. §12133.

Here, Plaintiff is not a qualified person. His own allegations reveal that

he did not meet the baseline criteria for the program, applicable to all, which

was an inmate within nine months of their minimum eligibility release date.

As such, he cannot demonstrate that he was excluded from the early release

reprieve by reason of a disability. Furgess, 933 F.3d at 288-89. And given

that the Plaintiff is now incarcerated at a different institution—SCI-Camp

Hill—his remaining ADA and RA claims are now moot, as “[a]n inmate’s

transfer from the facility complained of generally moots the equitable and

declaratory claims.” Sutton v. Rasheed, 323 F.3d 236, 248 (3d Cir. 2003), as

amended (May 29, 2003)(citation omitted).

E. Claims Pursuant to the Pennsylvania Constitution

Plaintiffs also seek damages based on Defendants’ alleged violations

of Article IV, section 2 of the Pennsylvania Constitution. (Doc. 1). As the Third

Circuit has recognized, however, “[n]o Pennsylvania statute establishes, and

no Pennsylvania court has recognized, a private cause of action for damages

under the Pennsylvania Constitution.” Pocono Mtn. Charter Sch. v. Pocono

Mtn. Sch. Dist., 442 F. App'x 681, 687 (3d Cir. 2011). Accordingly, the Court

will dismiss Plaintiff’s claims pursuant to the Pennsylvania Constitution.

F. State Law Claims

Defendants assert that the Court should decline to exercise

supplemental jurisdiction over any state law claims raised by Plaintiffs. (Doc.

17 at 9.) When a district court has dismissed all claims over which it had

original jurisdiction, as is the case in the above-captioned action, the Court

may decline to exercise supplemental jurisdiction over the pendent state law

claims. See 28 U.S.C. §1367(c)(3). The Court’s decision regarding the

exercise of supplemental jurisdiction is one that should be based on “the

values of judicial economy, convenience, fairness, and comity.” See

Carnegie Mellon Univ. v. Cohill, 484 U.S. 343, 350 (1988). Ordinarily, when

all federal claims have been dismissed and only state law claims remain, the

balance of these factors indicates that the remaining claims properly belong

in state court. See id. In the absence of a viable federal claim and finding

nothing to distinguish this matter from the ordinary case, the Court finds that

the balance of factors in this case “point[s] toward declining to exercise

jurisdiction over the remaining state law claims.” See id. at 350 n.7.

Accordingly, the Court will dismiss Plaintiff’s state law claims against

Defendants pursuant to 28 U.S.C. §1367(c)(3).

G. Motions for Preliminary Injunction

Also pending before the Court are Plaintiff’s motion for temporary

restraining order and motion for preliminary injunction in which Plaintiff

requests the Court “order the Commonwealth to send Plaintiff to a nearby

hospital to be assessed, diagnosed and treated by a lung and heart specialist

for his severe symptoms caused by COVID-19” (Doc. 8) and for an Order

“directing Plaintiff to be immediately released onto home confinement

supervision and/or parole due to COVID-19 risks.” (Doc. 13).

In determining whether to grant a preliminary injunction, a court must

consider whether the party seeking the injunction has satisfied four factors:

“1) a likelihood of success on the merits; 2) he or she will suffer irreparable

harm if the injunction is denied; 3) granting relief will not result in even greater

harm to the nonmoving party; and 4) the public interest favors such relief.”

Bimbo Bakeries USA, Inc. v. Botticella, 613 F.3d 102, 109 (3d Cir. 2010)

(quoting Miller v. Mitchell, 598 F.3d 139, 145 (3d Cir. 2010) ). See also Fed.

R. Civ. P. 65. Because a preliminary injunction is an extraordinary remedy,

the party seeking it must show, at a minimum, a likelihood of success on the

merits and that they likely face irreparable harm in the absence of the

injunction. See Adams v. Freedom Forge Corp., 204 F.3d 475, 484 (3d Cir.

2000); Hohe v. Casey, 868 F.2d 69, 72 (3d Cir. 1989). Where the requested

preliminary injunction “is directed not merely at preserving the status quo

but ... at providing mandatory relief, the burden on the moving party is

particularly heavy.” Punnett v. Carter, 621 F.2d 578, 582 (3d Cir. 1980).

Thus, a request for any form of mandatory prospective relief in the prison

context “must always be viewed with great caution because judicial restraint

is specially called for in dealing with the complex and intractable problems of

prison administration.” Goff v. Harper, 60 F.3d 518, 520 (8th Cir. 1995).

Here, Plaintiff’s complaint alleges that he contracted COVID-19 while

confined at SCI-Dallas. (Doc. 1 at 5). He states that he was “seen and treated

at SCI-Dallas” for his COVID-19 symptoms. Id. To prevail on an Eighth

Amendment claim for inadequate healthcare, an inmate must demonstrate

that the defendant was “deliberately indifferent” to his serious medical needs.

See Estelle v. Gamble, 429 U.S. 97, 104 (1976). As such he has failed to

show the likelihood of success on the merits.

Subsequent to his diagnosis, Plaintiff was transferred to SCI-Camp

Hill. To the extent that he has requested and been denied medical treatment

for his COVID-19 symptoms by SCI-Camp Hill employees, Plaintiff is free to

file a separate action raising such allegations against those individuals, as

the instant action does not relate to any individual at his current place of

confinement. In other words, “there must be a connection between the

underlying complaint and the relief requested in the motion for a preliminary

injunction.” James v. Varano, 2017 WL 895569, at *3 (M.D. Pa. Mar. 7, 2017)

(citing Ball v. Famiglio, 396 Fed. Appx. 836, 837 (3d Cir. 2010) ). A district

court “should not issue an injunction when the injunction in question is not of

the same character and deals with a matter lying wholly outside the issues

in the suit.” Kaimowitz v. Orlando, Fla., 122 F.3d 41, 43 (11th Cir. 1997)

(citing De Beers Consol. Mines v. United States, 325 U.S. 212, 220 (1945) ).

Additionally, it is axiomatic that a request for immediate release from

prison may only be made by way of a petition for writ of habeas corpus rather

than a civil rights action. Black v. Moser, 2018 WL 3239775, at *1 (M.D. Pa.

July 3, 2018) (“It is well-settled that inmates may not use civil rights actions

to challenge the fact or duration of their confinement or to seek earlier or

speedier release.”) (citing Preiser v. Rodriguez, 411 U.S. 475 (1975) ). As

explained by the United States Supreme Court, when a prisoner seeks

“immediate release or a speedier release from [his] imprisonment, his sole

federal remedy is a writ of habeas corpus.” Preiser, 411 U.S. at 500.

Plaintiff’s request for an immediate release from prison is simply not

cognizable in an action pursuant to 42 U.S.C. §1983. As such, his motions

for preliminary injunction will be denied.

V. Leave to Amend

The Third Circuit has instructed that if a civil rights complaint is

vulnerable to dismissal for failure to state a claim, the district court must

permit a curative amendment, unless an amendment would be inequitable

or futile. Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002).

Here, it is clear from the facts alleged in the pro se complaint that any

attempt to amend the Plaintiff’s §1983 claims against the named Defendants

would be futile. See Spruill v. Gillis, 372 F.3d 218, 236 (3d Cir. 2004). Thus,

the Court will dismiss the Plaintiff’s §1983 claims without leave to amend.

VI. CONCLUSION

For the foregoing reasons, the Court will grant Defendants’ motion to

dismiss Plaintiff’s complaint.

A separate Order shall issue.

s/ Malachy E. Mannion

MALACHY E. MANNION

United States District Judge

DATE: April 22, 2022

21-1906-01

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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