Opinion

Peterson v. Berkeley County Council

Court
District Court, M.D. Pennsylvania
Filed
Apr 1, 2024
Cited by
0 cases
Authority
More cited than 29.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

ASHLEY PETERSON, : Civil No. 1:23-CV-00330

:

Plaintiff, :

:

v. :

:

BERKELEY COUNTY COMMISSION, :

et al., :

:

Defendants. : Judge Jennifer P. Wilson

MEMORANDUM

Before the court is the motion to dismiss filed by Defendants Berkeley

County Commission (“Commission”),1 N. Chronister, Christopher Merson, D.

Walker, J. Shockey, H. Heagy, J. Miller, and D. Keller (collectively “Defendants”)

asking the court to dismiss Plaintiff Ashley Peterson’s (“Peterson”) complaint for

failure to state a claim upon which relief can be granted. (Doc. 28.) This case

involves a motor vehicle crash on Interstate 81 that resulted from a police chase

that crossed several state lines. Peterson alleges state law negligence claims

against the individual Defendants and a violation of 42 U.S.C. § 1983 against the

Commission. For the reasons that follow, the motion will be denied.

1 As noted by Defendants, on July 1, 2023, Berkeley County Council changed its name to

Berkeley County Commission. (Doc. 28, p. 2 n.1.) Accordingly, the court will refer to Berkeley

County Commission.

FACTUAL AND PROCEDURAL HISTORY

Peterson is a resident of Massachusetts. (Doc. 24, ¶ 2.) Berkeley County

Commission is a municipal entity located in Berkeley County, West Virginia. (Id.

¶¶ 3, 4.) The individually-named Defendants are all police officers and employees

of the Berkeley County Sheriff’s Department, which is overseen by the

Commission.2 (Id. ¶¶ 5–12.)

On November 5, 2021, the individually-named Defendants began pursuing

an individual named Terrell Thorne (“Thorne”) in West Virginia at around 5:50

p.m. (Id. ¶ 20.) The chase began on rural roads, but then continued onto Interstate

81 (“I-81”) and crossed both Maryland and Pennsylvania state lines. (Id.)

Peterson alleges that the vehicle pursuit lasted for an excessive amount of time,

swerved through “no passing zones and on-crowded highways,” occurred “after

daylight hours,” and exceeded speed limits, reaching up to 130 MPH. (Id. ¶ 24.)

Peterson was a passenger in a car travelling northbound on I-81 in Franklin

County, Pennsylvania. (Id. ¶ 17.) At approximately 6:11 p.m., Thorne’s car struck

the car Peterson was riding in, causing it to leave the road and overturn. (Id. ¶ 18.)

As a result of this crash, Peterson sustained severe injuries. (Id. ¶ 31.)

2 Berkeley County Sheriff’s Department was initially a Defendant in this case but was dismissed

with prejudice after the first round of motions to dismiss. (Doc. 23.)

Peterson alleges that the individual officers were careless, reckless,

negligent, and grossly negligent in their pursuit of Thorne. (Id. ¶¶ 34–40.)

Peterson further alleges that Defendant Berkeley County failed to establish

adequate policies regarding vehicle pursuits, failed to properly train its officers

regarding pursuits, and failed supervise its officers regarding pursuits. (Id. ¶¶ 26,

41–51.) Peterson alleges that these failures were the moving force behind the

actions of the individual Defendants, which led to violations of her substantive due

process rights under the Fourteenth Amendment. (Id. ¶ 46.)

Peterson filed her complaint on February 24, 2023. (Doc. 1.) Defendants

filed a motion to dismiss for failure to state a claim on March 29, 2023. (Doc. 11.)

This motion was granted in part and denied in part on December 27, 2023. (Doc.

22.) Relevant to the instant motion, the court held that Peterson failed to allege a

constitutional injury sufficient to a state a claim under 42 U.S.C. § 1983. (Id. at

19–22.)3 Berkeley County Sheriff’s Department was dismissed as a result of the

resolution of the first motion to dismiss. (Doc. 23.)

Peterson filed an amended complaint on January 12, 2024. (Doc. 24.) The

amended complaint brings one count of negligence against the individual

Defendants and one count of violating the Fourteenth Amendment under 42 U.S.C.

3 For ease of reference, the court utilizes the page numbers contained in the CM/ECF header.

§ 1983 against Berkeley County Commission.4 (Id. at ¶¶ 34–51.) Defendants filed

a motion to dismiss on January 26, 2024. (Doc. 27.) This second motion to

dismiss is fully briefed and ripe for disposition.

JURISDICTION AND VENUE

This court has jurisdiction pursuant to 28 U.S.C. § 1332 because the parties

are completely diverse, and the matter in controversy exceeds $75,000.

Jurisdiction is also proper pursuant to 28 U.S.C. § 1331 because Peterson also

brings a claim under 42 U.S.C. § 1983. Venue is proper in the Middle District of

Pennsylvania under 28 U.S.C. § 1391 because a substantial part of the events or

omissions occurred within the District.

STANDARD OF REVIEW

In order “[t]o survive a motion to dismiss, a 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)). A claim is plausible on its face “when the

plaintiff pleads factual content that allows the court to draw the reasonable

inference that the defendant is liable for the misconduct alleged.” Id. (quoting

4 The court notes that the second count also lists the Berkeley County Sheriff’s Department.

However, as explained above, Berkeley County Sheriff’s Department was dismissed with

prejudice. Accordingly, this count is, in reality, brought only against the Berkeley County

Commission. The court also notes that the counts are numbered as “count II” and “count III.” In

order to avoid confusion, the court will refer to the count against the individual Defendants as the

“negligence count” and the count against the municipal entities as the “Monell count.”

Twombly, 550 U.S. at 556). “Conclusory allegations of liability are insufficient” to

survive a motion to dismiss. Garrett v. Wexford Health, 938 F.3d 69, 92 (3d Cir.

2019) (quoting Iqbal, 556 U.S. at 678–79). To determine whether a complaint

survives a motion to dismiss, a court identifies “the elements a plaintiff must plead

to state a claim for relief,” disregards the allegations “that are no more than

conclusions and thus not entitled to the assumption of truth,” and determines

whether the remaining factual allegations “plausibly give rise to an entitlement to

relief.” Bistrian v. Levi, 696 F.3d 352, 365 (3d Cir. 2012).

DISCUSSION

Defendants argue that Peterson has again failed to allege a constitutional

injury because she has failed to plead any facts, and her allegations of injury are

vague and conclusory. (Doc. 28, pp. 5, 6.) Further, Defendants argue that

Peterson has failed to identify any details connecting the Commission’s alleged

failures with her injuries, and she has not specified any supervisory practice or

knowledge of prior incidents sufficient to show the Commission acted with

deliberate indifference. (Doc. 34, pp. 3, 4.)

Peterson responds that she is not required to point to a specific policy to

plead a Monell claim and relies again on Fagan v. City of Vineland, 22 F.3d 1283

(3d Cir. 1994)5 to argue that the municipality can be liable for injuries resulting

from a high-speed car chase without an underlying constitutional violation. (Doc.

31, p. 11.) She argues she has sufficiently alleged a claim under 42 U.S.C. § 1983

because she identified her injury as a “violation of her substantive due process

rights,” alleged that her injuries were caused by Defendants’ inadequate policies

and training regarding police pursuits, and alleged that Defendant Berkeley County

acted with deliberate indifference and reckless disregard in failing to have adequate

policies and training. (Id. at 12.) Peterson also relies on the details of the crash to

support her claimed injuries. (Id.)

A municipality can be liable for constitutional violations committed by its

employees only when “the action that is alleged to be unconstitutional implements

or executes a policy, statement, ordinance, regulation, or decision officially

adopted and promulgated by that body’s officers.” Monell v. Dep’t of Soc. Servs.

of City of New York, 436 U.S. 658, 690 (1978). Accordingly, a plaintiff must

“plead that the complained-of injury was caused directly by a local government’s

‘policy or custom, whether made by its lawmakers or by those whose edicts or acts

may fairly be said to represent official policy.’” Schlaybach v. Berks Heim

5 Fagan has a limited reach, and applies when “it can be shown that the plaintiff suffered [an]

injury, which amounts to deprivation of life or liberty, because [an individual official] was

following a city policy reflecting the city policymakers’ deliberate indifference to constitutional

rights[.]” 22 F.3d at 1292. The Fagan court held that, in this situation “the City is directly liable

under § 1983 for causing a violation of the plaintiff’s Fourteenth Amendment rights.” Id.

Nursing & Rehab, 434 F. Supp. 3d. 342, 350–51 (E.D. Pa. 2020) (quoting Harris v.

City of Phila., 171 F. Supp. 3d 395, 400 (E.D. Pa. 2016)).

Here, the alleged injury is a violation of Peterson’s substantive due process

right to life and liberty under the Fourteenth Amendment due to the injuries she

suffered from the accident. (Doc. 24, ¶ 46.) “The critical factor in determining

whether Fourteenth Amendment liability for a high-speed chase may be imposed is

whether the officer’s conduct can be found to shock the conscience, for which the

evidence must show intent to harm the suspect physically.” Davis v. Twp. of

Hillside, 190 F.3d 167, 170 (3d Cir. 1999) (citing Cnty. of Sacramento v. Lewis,

523 U.S. 933 (1998)). “[N]egligence is not enough to shock the conscience under

any circumstances.” Schieber v. City of Phila., 320 F.3d 409, 419 (3d Cir. 2003).

Further, “more culpability is required to shock the conscience [when] state actors

are required to act promptly and under pressure [, and] the same is true [when] the

responsibilities of the state actors require a judgment between competing,

legitimate interests.” Id.

Peterson has sufficiently alleged an injury because she has alleged that the

pursuit was not necessary, “[t]he dangers of the pursuit outweighed the need to

apprehend [the suspect,]” and that the “Defendants’ disregard for the risk they

created is shocking to the contemporary conscience.” (Doc. 24, ¶¶ 22, 23, 45.)

Although these allegations are sparse, they are sufficient to satisfy Peterson’s

burden and allow discovery to go forward.

Defendants next argue that Peterson has failed to sufficiently allege a policy

or custom in order to hold the Commission liable. (Doc. 28, p. 6.) A plaintiff can

proceed with a § 1983 claim against a municipality in two ways. First, she can

allege that a policy or custom caused her injury. Second, she can allege that a

failure by the municipality that reflects a “deliberate or conscious choice” caused

her injury. Forrest v. Parry, 930 F.3d 93, 105 (3d Cir. 2019). The Third Circuit

has explained that a plaintiff proceeding under a failure or inadequacy theory, such

as Peterson,6 must demonstrate “a failure or inadequacy amounting to deliberate

indifference on the part of the municipality.” Id. at 106. This requires showing

“whether (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 right.” Id. (citing Carter v. City of Phila., 181

F.3d 339, 357 (3d Cir. 1999)). A plaintiff proceeding on a “failure or inadequacy

theory” need not point to a specific policy because “the failure to provide proper

training may fairly be said to represent a policy for which the city is responsible,

6 Peterson alleges that “Defendants failed to have an adequate policy in place governing police

pursuits, failed to properly train officers in the conduct of such pursuits, and failed to supervise

officers during such pursuits.” (Doc. 24, ¶¶ 27, 42.)

and for which the city may be held liability if it actually causes injury.” City of

Canton, Ohio v. Harris, 489 U.S. 378, 390 (1989).

Most commonly, an inadequacy in training or policy amounts to deliberate

indifference when there is a pattern of similar violations. Connick v. Thompson,

563 U.S. 61, 62 (2011). However, deliberate indifference can be shown from a

single incident when, considering the “duties assigned to specific officers or

employees[,] the need for more or different training is so obvious, and the

inadequacy so likely to result in the violation of constitutional rights, that the

policymakers of the city can reasonably be said to have been indifferent to the

need.” City of Canton, 489 U.S. at 390. For example, as explained by the

Supreme Court in City of Canton, municipal policymakers

know to a moral certainty that their police officers will be required to

arrest fleeing felons. [It] has armed its officers with firearms, in part to

allow them to accomplish this task. Thus, the need to train officers in

the constitutional limitations on the use of deadly force can be said to

be ‘so obvious,’ that failure to do so could properly be characterized as

‘deliberate indifference’ to constitutional rights.

Id. at 390 fn.10.

Finally, a plaintiff must show causation as well, demonstrating “a direct

causal link between the municipal action and the deprivation of federal rights.”

Bd. of Cnty. Comm’rs of Bryan Ctny., Okl. v. Brown, 520 U.S. 397, 404 (1997). A

direct causal link is established when a plaintiff shows that “through its deliberate

conduct, the municipality was the ‘moving force’ behind the injury alleged.” Id.

In looking at causation, the focus “must be on adequacy of the training program in

relation to the tasks the particular officers must perform.” City of Canton, 489

U.S. at 390. “Liability cannot rest only on a showing that the employees ‘could

have been better trained or that additional training was available that would have

reduced the overall risk of constitutional injury.’” Thomas v. Cumberland Cnty.,

749 F.3d. 217, 226 (3d Cir. 2014) (quoting Colburn v. Upper Darby Twp., 946

F.2d 1017, 1029–30 (3d Cir. 1991)).

Here, again, although the allegations are sparse, Peterson has sufficiently

alleged a policy of failing to train police officers in how to properly undertake

pursuits, and that this failure was a moving force behind her injury. Similar to the

example from City of Canton, municipalities know to a moral certainty that their

officers will face situations where they will have to pursue a fleeing suspect in a

vehicle. These pursuits create risks of constitutional injury and failing to have

adequate policies in place may rise to the level of deliberate indifference. Peterson

alleges that the Commission has inadequate policies regarding pursuits and that the

Commission has a history of ignoring or not enforcing policies regarding pursuits.

(Doc. 24, ¶¶ 42, 43.) Without the benefit of discovery, these allegations are

sufficient to state a claim upon which relief can be granted. Accordingly, the

motion to dismiss will be denied.

CONCLUSION

Defendants’ motion to dismiss will be denied. An appropriate Order

follows.

s/Jennifer P. Wilson

JENNIFER P. WILSON

United States District Judge

Middle District of Pennsylvania

Dated: April 1, 2024

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.