Opinion

VUYANICH v. SMITHTON BOROUGH

Court
District Court, W.D. Pennsylvania
Filed
Jun 28, 2023
Cited by
0 cases
Authority
More cited than 29.3%

“It is well-settled that, if there is no violation in the first place, there can be no derivative municipal claim.”

How later courts described this case

  • “It is well-settled that, if there is no violation in the first place, there can be no derivative municipal claim.”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

TIMOTHY E. VUYANICH, et al,

Plaintiffs, Civil Action No. 2:19-cv-1342

Vv. Hon. William S. Stickman IV

SOUTH HUNTINGDON TOWNSHIP, er al,

Defendants.

MEMORANDUM OPINION

WILLIAM S. STICKMAN IV, United States District Judge

Plaintiffs Timothy E. Vuyanich (“Mr. Vuyanich”) and Carol L. Vuyanich (collectively

Plaintiffs”) treated their property, which is partially situated in Smithton Borough and partially

situated in South Huntingdon Township, as a junkyard. It ultimately resulted in a criminal

misdemeanor conviction against Mr. Vuyanich. After authorization by a Pennsylvania state court

judge, Smithton Borough and other affiliated entities cleaned up Plaintiffs’ property by hauling

away vehicles and other items. Plaintiffs filed suit asserting a number of claims that various

defendants wrongly entered their property and removed chattels. (ECF No. 1). The Defendants

remaining in the case are South Huntingdon Township, Supervisor Eddie Troup (“Troup”),!

Supervisor Matthew Jennewine (“Jennewine”), and Supervisor Richard Gates (‘Gates’)

' Plaintiffs have admitted that Troup was not a South Huntingdon Supervisor on September 27,

2019, that he did not enter their property on September 27, 2019, and that they mistakenly named

him as a defendant in this case. (ECF No. 135, p. 13); (ECF No. 149, p. 23). Therefore, as to the

claim against Eddie Troup contained in Count IV, summary judgment will be entered in favor of

Troup and against Plaintiffs.

(collectively the “South Huntingdon Defendants”).’? The South Huntingdon Defendants filed a

Motion for Summary Judgment requesting that the Court enter judgment in their favor and against

Plaintiffs as to the claims against them contained in Counts J and IV of Plaintiffs’ complaint. (ECF

No. 131). Count I asserts a Fourteenth Amendment procedural due process claim against South

Huntingdon Township, and Count IV asserts a Fourth Amendment unreasonable search claim

against all of the South Huntingdon Defendants. (ECF No. 1). Plaintiffs filed a Partial Summary

2 On November 2, 2022, Plaintiffs entered a stipulation of dismissal of Smithton Borough, Chief

Michael R. Natale and Patrolman Ralph R. Marsico, Jr. (“Smithton Defendants”) with prejudice.

(ECF No. 102). The Court approved the stipulation of dismissal on November 3, 2022, and the

Smithton Defendants were dismissed with prejudice. (ECF No. 103). The Release states in

pertinent part:

In consideration of the cash consideration paid to Plaintiffs and the mutual

covenants contained herein, Plaintiffs do hereby remise, release, and forever

discharge, and by these presents, do for themselves, their successors, assigns, heirs,

guardians, administrators, executors and all other persons, firms or corporations

claiming through them, remise, release, and forever discharge Releasees, together

with their respective past, present and future officers, elected and appointed

officials, attorneys, agents, servants, representatives, employees, predecessors, and

successors in interest and assigns, insurers, from any and all past, present, or future

claims, demands, obligations, actions, causes of action, rights, damages, costs,

counsel fees, expenses, and compensation of any nature whatsoever, whether based

on tort, contract, or other theories of recovery and whether for compensatory or

punitive damages or for equitable relief, which the Plaintiffs now have or which

may hereafter accrue or otherwise be acquired on account of or in any way growing

out of the subject of the Lawsuit (and all related events), including without

limitation any and all known or unknown claims for alleged violations of civil or

constitutional rights and for injuries or damages to Plaintiffs and the consequences

thereof, which have resulted or may result from alleged negligent, reckless or

intentional acts or omissions of the Releasees or their agents up to and including

the date of this Release. This Release shall be fully binding upon the Plaintiffs and

all parties represented by or claiming through them.

(ECF No. 138, KK, LL); (ECF No. 135, pp. 14-15); (ECF No. 149, p. 25); (ECF No. 111-1). It

goes on to state, “Plaintiffs, by executing this Agreement, are not releasing any rights or causes of

action against the following individuals: South Huntingdon Township; South Huntingdon

Township Supervisors Eddie Troup, Matthew Jennewine, Richard Gates, [...].” (ECF No. 111-1,

p. 2).

Judgment Motion only as to liability on their Fourteenth Amendment procedural due process claim

against South Huntingdon Township (Count I). (ECF No. 139). For the reasons set forth below,

the Court will grant the South Huntingdon Defendants’ motion and deny Plaintiffs’ motion.

I. FACTUAL HISTORY

Plaintiffs’ property, located at 303 Third Street, Smithton, Pennsylvania 15479, is partially

situated in Smithton Borough and partially situated in South Huntingdon Township. Only seven

percent of the property is in Smithton Borough, but that is the part adjacent to and connected to

Third Street in Smithton Borough. Thus, all of Plaintiffs’ neighbors are Smithton residents.

Plaintiffs treated their property as a junkyard,’ and since 2002 they were subjected to numerous

ordinance actions and/or private criminal complaints pursued by South Huntingdon Township.

(ECF No. 135, p. 3); (ECF No. 149, p. 3); (ECF No. 141, p. 1); (ECF No. 146, p. 1). At some

point, South Huntingdon Township stopped pursing actions related to Plaintiffs’ property. (ECF

No. 135, p. 4); (ECF No. 149, p. 3). Smithton Borough also received frequent complaints about

the state of Plaintiffs’ property, and Smithton Police Chief Michael R. Natale (“Chief Natale’) was

made aware of the issues with Plaintiffs’ property during his orientation in 2014. In the course of

six to eight years, Smithton Borough pursued approximately fifty court actions against Plaintiffs.

(ECF No. 135, p. 4); (ECF No. 149, p. 4).

> Plaintiffs take issue with the term “junk” with respect to the material on their property.

Undisputed photographs of the material show that it consisted of numerous objects including

automobiles, appliances, tires, scrap metal, cinder blocks, building materials, trash, and other

objects, all exposed to the weather and in various states of decay and disrepair. The United States

Court of Appeals for the Third Circuit referred to the property as a “junkyard.” (ECF No. 55-1).

The Court will also use this term “junk,” keeping in mind that one man’s junk is another man’s

treasure and that the characterization of the material as “junk” is not legally dispositive.

On February 29, 2016, Smithton Borough’s Solicitor, Blaine Black (“Solicitor Black”),

wrote to South Huntingdon Township’s Solicitor, Christopher Huffman (“Solicitor Huffman”),

regarding Plaintiffs’ property, and advised:

Smithton Borough would like to prosecute the property owner for various

violations of its Ordinances since he refuses to move junk and other debris from the

property. We are requesting that South Huntingdon Township relinquish any

jurisdiction over to Smithton Borough for such Ordinance violations. Smithton

Borough is willing to handle any and all prosecution and code enforcement relating

to this property at no cost or expense to South Huntingdon Township. Currently,

. Smithton Borough Police Department is charged with the enforcement of its

Ordinances. However, Borough Council is considering the hiring of a private code

enforcement company to handle enforcement.

(ECF No. 138-7); (ECF No. 135, pp. 4-5); (ECF No. 149, p. 5); (ECF No. 141, p. 2); (ECF No.

146, pp. 2-3). At a South Huntingdon Township meeting on March 17, 2016, attended by South

Huntingdon Township Supervisors Troup, Gates, and William Sherbondy (“Sherbondy”),

Solicitor Huffman was authorized to send a letter to Solicitor Black. More specifically, the

following was recorded in the meeting minutes:

William Sherbondy made a motion to have Chris Huffman send a letter to Smithton

Borough [ ] to file charges against Carol and Tim Vuyanich. Richard Gates

seconded. Eddie Troup, Richard [ ] [,] William Sherbondy all voted yes.

(ECF No. 138-8, p. 2).4 Solicitor Huffman then sent a March 18, 2016 letter to Solicitor Black

stating in pertinent part,

Please be advised that the South Huntingdon Township Supervisors have approved

your request that South Huntingdon Township relinquish jurisdiction over to

Smithton Borough for prosecution of any South Huntingdon Township Ordinance

and/or Code violation which may occur on the portion of the [Vuyanich] property

that is located in South Huntingdon Township. This letter shall serve as official

notification that South Huntingdon Township is granting Smithton Borough the

The quality of this exhibit is such that portions of it are missing on the right side of the page.

(ECF No. 138-8, p. 2). Solicitor Huffman clarified during his deposition testimony that under the

Second Class Township Code, the supervisors were not required to keep detailed minute records.

To the extent minutes existed, they were the township secretary’s interpretation of what was said.

(ECF No. 138-29, pp. 7-8).

right to enforce and prosecute any violation of South Huntingdon Township

ordinance or code as it relates to the [Vuyanich] property.

(ECF No. 138-9, p. 2). And, according to Solicitor Huffman, he wrote the letter to notify Smithton

Borough that it could pursue its own ordinance efforts, but South Huntingdon Township did not

want to be involved. (ECF No. 138-29, pp. 5-12). He did not believe it was an inter-municipal

cooperation agreement. (ECF No. 138-29, p. 13). According to Solicitor Black, he did not request

South Huntingdon Township relinquish jurisdiction over all portions of the property; he was

simply seeking to enforce violations of the Smithton Borough code on the portion of the property

in its jurisdiction. (ECF No. 147-1, pp. 3, 5-8).

A criminal complaint was filed against Mr. Vuyanich in a state court before a magisterial

district judge at Complaint/Incident Number 20180702M0010 with Chief Natale as the affiant.

(ECF No. 138-10). Mr. Vuyanich was charged with three separate offenses: public nuisance, in

violation of 18 Pa.C.S.A. § 6504; abandonment of vehicles, in violation of 75 Pa.C.S.A § 3712(B)

(5 counts); and discarding an icebox in a place accessible to a child, in violation of 18 Pa.C.S.A. §

6502(A). (ECF No. 138-10). None of these criminal charges related to any violations of South

Huntingdon Township’s ordinances. Rather, they all dealt with violations of Smithton Borough

ordinances. (ECF No. 135, p. 6); (ECF No. 149, p. 10). The case was held over for further

proceedings in the Court of Common Pleas of Westmoreland County at Docket Number CP-65-

CR-0003869-2018. (ECF No. 142-14); (ECF No. 141, p. 3); (ECF No. 146, p. 4). Five status

conferences were held before Judge Feliciani, and none were attended by any representative of

South Huntingdon Township. During the January 10, 2019 status conference, the Westmoreland

County assistant district attorney stated that she was attempting to obtain a monetary grant to assist

Mr. Vuyanich with cleaning the property, and she requested a continuance of ninety days to

confirm that Plaintiffs were taking steps to clean the property. At an April 9, 2019 status

conference, Mr. Vuyanich’s attorney explained that Mr. Vuyanich was incapable of cleaning the

property himself and that he was willing to cooperate. Judge Feliciani continued the case for

another sixty days on the condition that Mr. Vuyanich, “with whatever help he’s getting, will abate

the problem that’s persisted since 2014 or earlier.” CECF No. 135, p. 7); (ECF No. 149, p. 10). At

a June 18, 2019 status conference, Judge Feliciani recognized that Smithton Borough had been

trying to get the property cleaned “for months, if not longer.” Judge Feliciani ordered that Mr.

Vuyanich had twenty days to remove any items he wanted to keep from his vehicles, and after the

twenty days expired, Smithton Borough was authorized to remove the vehicles “or whatever else

is on the property.” Judge Feliciani also issued a written order following the conference

authorizing Smithton Borough to clean the property. (ECF No. 135, p. 8); (ECF No. 149, p. 12);

(ECF No. 138-14).

The cleanup of Plaintiffs’ property commenced in July 2019. It involved Smithton

Borough’s cleanup contractor, Dale Cooper (“Cooper”), and several of his crewmembers. (ECF

No. 135, p. 8); (ECF No. 149, p. 15). Cooper agreed to remove abandoned vehicles, cleanup

garbage and take “all metals and items” off Plaintiffs’ property for $3,500.00. (ECF No. 141, p.

3); (ECF No. 146, p. 4). Smithton Borough emailed Chief Natale on July 2, 2019, to inform him

that Cooper was “good to go with the clean-up” and that Cooper had “found someone that will

take the cars and was able to line up helpers.” (ECF No. 150-19); (ECF No. 141, p. 6); (ECF No.

146, p. 8).

From July 9, 2019 through October 3, 2019, Cooper was at the property cleaning for

approximately thirty days. He removed numerous vehicles and other garbage/junk from the

property. None of the removed items were inventoried. During the process, the property line

between the two municipalities was unclear to some individuals and Cooper’s crew may have

entered a portion of the property in South Huntingdon Township and cleaned up some items. The

South Huntingdon supervisors did not personally participate in cleaning up and removing chattel

from Plaintiffs’ property. (ECF No. 135, pp. 8-9); (ECF No. 149, pp. 15-18); (ECF No 141, pp.

6-7); (ECF No. 146, p. 9); ECF No. 152, pp. 2-5).

In August 2019, Solicitor Black sent Solicitor Huffman a letter that provided an update as

to the activities on the criminal prosecution of Mr. Vuyanich, as well as the cleanup operations at

Plaintiffs’ property. Further, Smithton Borough wanted to know if South Huntingdon Township

“would be willing to meet with Smithton and the Solicitors to discuss dealing with the Vuyanichs

in the future.” (ECF No. 150-37, p. 2); (ECF No. 149, p. 19). In a September 9, 2019 email, Chief

Natale explained to Plaintiffs’ counsel, Solicitor Black, the assistant district attorney assigned to

Mr. Vuyanich’s criminal case, and Smithton Borough what had occurred on the portion of

Plaintiffs’ property in Smithton Borough — 1.e., the removal process for the vehicles and what had

been done with cleanup — and that the intention of the criminal proceeding was not to send Mr.

Vuyanich to jail, but to remediate a “public nuisance and health hazard,” and that Plaintiffs should

bear the cost of the cleanup. (ECF No. 150-30, p. 2). The email also included an update as to

South Huntingdon Township:

The only outstanding detail other than what I have described above is with the portion

ofthe Vuyanich property in South Hunting[d]on Township, which is covered with filth

and junk similar to the portion in the Borough of Smithton. The Borough has received

a letter from the Township and their solicitor, Christopher Huffman, authorizing the

Borough and the Police Department to pursue remediation of the blight on the Township

side as well as the Borough side. However, the Borough is unwilling to front the

money to the contractor and seek to have it reimbursed, and there is some question

about whether that is able to be done under Township codes. Regardless, the Township

is interested in pursuing the matter one way oranother. They have asked the Borough’s

contractor to provide an estimate for the cleanup of the Township side of the property,

and they may choose to pursue a similar course either by tacking themselves on to the

current criminal and civil proceedings if possible, or by pursuing a separate action.

Right now this does not affect my [sic] and my prosecution of this matter; I only

mention it in the interest of keeping all parties informed of all aspects of the situation.

It may play into the discussions that we are having and the resolutions that we propose,

or it may not.

(Id. at 3).

Near the end of the cleanup operation, Chief Natale contacted the South Huntingdon

Township supervisors to inquire if they would be interested in using Cooper to clean up the South

Huntingdon Township portion of the property. The South Huntingdon Township Supervisors —

Jennewine, Gates, and Jeffrey Seglowich (“Seglowich”) (collectively, the “Supervisors”) —

decided to visit Plaintiffs’ property and did so on September 27, 2019. They walked over a

trail/driveway connected to Walnut Lane, a public road, and stood near Plaintiffs’ shed/chicken

coop for fifteen to twenty minutes. It was approximately fifty to seventy-five yards from the

dwelling and separated by a barrier of what can only be characterized as junk. Plaintiffs contend

that the Supervisors walked to an area behind the shed/chicken coop where they kept an old

washing machine. According to Mr. Vuyanich, as the Supervisors walked around the shed, they

had to touch it to keep their balance. There were “private property signs” but no “no trespassing”

signs in the area. Plaintiffs were near the Supervisors when they entered the property, and they

never asked the Supervisors to stop or leave the property. As the Supervisors exited the property

the same way they entered, Mr. Vuyanich said “hello.” (ECF No. 135, pp. 9-12); (ECF No. 149,

pp. 18-22).

On May 28, 2020, after a non-jury trial at Court of Common Pleas of Westmoreland County

Docket Number CP-65-CR-0003869-2018, Mr. Vuyanich was found guilty of a misdemeanor

public nuisance charge. He was sentenced to two years’ supervised probation and ordered to pay

$5,100.00 in restitution to Smithton Borough. (ECF No. 135, p. 13); (ECF No. 149, p. 24).

I. STANDARD OF REVIEW

Summary judgment is warranted if the Court is satisfied that there is no genuine issue as

to any material fact and that the moving party is entitled to judgment as a matter of law. Fed. R.

Civ. P. 56(a); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). A fact is material if it

must be decided to resolve the substantive claim or defense to which the motion is directed. See

Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A genuine dispute of material fact

exists “if the evidence is such that a reasonable jury could return a verdict for the nonmoving

party.” Jd The Court must view the evidence presented in the light most favorable to the

nonmoving party. Jd. at 255. It refrains from making credibility determinations or weighing the

evidence. Jd “[R]Jeal questions about credibility, gaps in the evidence, and doubts as to the

sufficiency of the movant’s proof’ will defeat a motion for summary judgment. E/ v. Se. Pa.

Transp. Auth. , 479 F.3d 232, 238 (3d Cir. 2007). “When both parties move for summary judgment,

‘[t]he court must rule on each party’s motion on an individual and separate basis, determining for

each side whether a judgment may be entered in accordance with the Rule 56 standard.’” Auto-

Owners Ins. Co. v. Stevens & Ricci Inc., 835 F.3d 388, 402 (3d Cir. 2016) (quoting 10A CHARLES

ALAN WRIGHT ET AL., FEDERAL PRACTICE AND PROCEDURE § 2720 (3d ed. 2016)).°

III. ANALYSIS

A. The South Huntingdon Defendants’ Motion for Summary Judgment will be

granted in its entirety.

1. Summary judgment will be entered in favor of South Huntingdon

Township as to Count I.

To obtain relief under 42 U.S.C. § 1983, Plaintiffs must make a two-prong showing: (1)

that they suffered a violation of a right secured by the Constitution and laws of the United States;

and (2) that the alleged deprivation was committed by a person acting under the color of state law.

> A motion for partial summary judgment is reviewed under the same standard as a motion for full

summary judgment. Pettengill v. United States, 867 F. Supp. 380, 381 (E.D. Va. 1994). “Partial”

refers to less claims than all, not less than all elements within a particular claim. A court cannot

grant a motion for partial summary judgment on a particular fact or element ofa claim. Franklin-

Mason v. Penn, 259 F.R.D. 9, 11 (D.D.C. 2009).

See Karns v. Shanahan, 879 F.3d 504, 520 (3d Cir. 2018) (citations omitted). Plaintiffs allege that

South Huntingdon Township violated their Fourteenth Amendment right to procedural due

process. The Fourteenth Amendment prohibits a state actor from depriving “any person within its

jurisdiction the equal protection of the laws.” U.S. Const. Amend. XIV. Thus, Plaintiffs must

demonstrate that (1) they were deprived of an individual interest that is encompassed within the

Fourteenth Amendment’s protection of ‘life, liberty, or property,’ and (2) the procedures available

to them did not provide “due process of law.” Hill vy. Borough of Kutztown, 455 F.3d 225, 234 (3d

Cir. 2006) (quoting Alvin v. Suzuki, 227 F.3d 107, 116 Gd Cir. 2000)).

The liability of a municipality under § 1983 is governed by Monell v. Dep't of Soc. Servs.,

436 U.S. 658 (1978). Under Monell, a municipality cannot be subjected to liability solely because

its agents or employees caused injury to another person. Jd. Rather, a municipal entity may be

liable under § 1983 only “when execution of a 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”

deprives a citizen of constitutional rights. /d. at 694. An official policy may be established under

three circumstances: (1) the municipal entity adopted and promulgated a policy, the

implementation of which caused the constitutional deprivation; (2) the policymaker failed to act

affirmatively even though the need to take some action is obvious and the inadequacy of the

existing practice is likely to result in the violation of constitutional rights; or (3) absent a formal

policy, an official with policymaking authority violated federal law, causing the constitutional

deprivation. Natale v. Camden Cty. Corr. Facility, 318 F.3d 575, 584 (3d Cir. 2003).

a. Plaintiffs have failed to establish a violation of their rights under the

Fourteenth Amendment.

The Due Process Clause’s procedural protections apply when a person is deprived of a

property interest protected by state law. See Bd. of Regents of State Coll. v. Roth, 408 U.S. 564,

10

569, 577 (1972). “A fundamental requirement of due process is the opportunity to be heard ... at

a meaningful time and in a meaningful manner.” Elsmere Park Club, L.P. v. Town of Elsmere,

542 F.3d 412, 417 (3d Cir. 2008) (quotation marks and citation omitted). Thus, procedural due

process typically requires that the government afford an individual pre-deprivation process in the

form of some notice and an opportunity to be heard before it can deprive him of property. Boddie

y. Connecticut, 401 U.S. 371, 379 (1971). Pre-deprivation process is not required, however, when

the deprivation results from a “random, unauthorized act by a state employee, rather than an

established state procedure,” and “a meaningful postdeprivation remedy for the loss is available.”

Hudson v. Palmer, 468 U.S. 517, 532-33 (1985).

This is not a situation involving a legal error by a local administrative body. Plaintiffs

treated their property as a junkyard, and since 2002 they were subjected to numerous ordinance

actions and/or private criminal complaints pursued by South Huntingdon Township. (ECF No.

135, p. 3); (ECF No. 149, p. 3); (ECF No. 141, p. 1); (ECF No. 146, p. 1). Smithton Borough also

pursued approximately fifty court actions against Plaintiffs in the course of six to eight years. (ECF

No. 135, p. 4); (ECF No. 149, p. 4). Here, the alleged deprivation of Plaintiffs’ property occurred

by authorization of Judge Feliciani of the Court of Common Pleas of Westmoreland County at

Docket Number CP-65-CR-0003869-2018 after Smithton Borough instigated criminal

proceedings against Mr. Vuyanich. The record is clear that Plaintiffs were given advance notice

and an opportunity to be heard prior to Smithton Borough’s court authorized cleanup of their

property.

Five status conferences were held before Judge Feliciani at Docket Number CP-65-CR-

0003869-2018 where the state of Plaintiffs’ property was repeatedly discussed. South Huntingdon

Defendants never participated in the status conferences. During the January 10, 2019 status

11

conference, the Westmoreland County assistant district attorney stated that she was attempting to

obtain a monetary grant to assist Mr. Vuyanich with cleaning the property. At an April 9, 2019

status conference, Mr. Vuyanich’s attorney explained that Mr. Vuyanich was incapable of cleaning

the property himself and that he was willing to cooperate. Judge Feliciani continued the case for

another sixty days on the condition that Mr. Vuyanich “with whatever help he’s getting, will abate

the problem that’s persisted since 2014 or earlier.” (ECF No. 135, p. 7); (ECF No. 149, p. 10). At

a June 18, 2019 status conference, Judge Feliciani recognized that Smithton Borough had been

trying to get the properly cleaned “for months, if not longer.” Judge Feliciani ordered that Mr.

Vuyanich had twenty days to remove the items he wanted to keep from his vehicles, and, after

twenty days, Smithton Borough was authorized to remove the vehicles “or whatever else is on the

property.” Judge Feliciani issued a written order following the conference authorizing Smithton

Borough to clean the property. (ECF No. 135, p. 8); (ECF No. 149, p. 12); (ECF No. 138-14).

Although Mr. Vuyanich now claims that he was not notified that a request for cleanup of

his property would be made at the June 18, 2019 status conference, that he was not given the

opportunity to call or cross-examine witnesses, that he was not given the opportunity to oppose

the cleanup, that he was not told items were going to be permanently taken away, and that no civil

action was filed against him (ECF No. 149, p. 14; ECF No. 148, pp. 12-14), the Court finds that

the pre-deprivation process satisfied due process requirements as a matter of law. At no point

during the June 18, 2019 status conference did Mr. Vuyanich, or his counsel, lodge any objections

to the court-ordered cleanup. In fact, throughout the duration of his criminal case at Docket

Number CP-65-CR-0003869-2018, the record reveals that counsel for Mr. Vuyanich repeatedly

represented that Mr. Vuyanich was willing to cooperate.

12

Furthermore, there were several post-deprivation remedies available. “[T]he focus in

procedural due process claims is on the adequacy of the remedial procedure, and not on the

government’s actual actions that allegedly deprived the individual of his liberty or property

interest.” Giuliani v. Springfield Twp., 726 F. App’x 118, 122 (018) (quoting KSS. □□□

Montgomery Cnty. Bd. of Comm’rs, 871 F.Supp.2d 389, 397-98 (E.D. Pa. 2012)). “[A] state

provides constitutionally adequate procedural due process when it provides reasonable remedies

to rectify a legal error by a local administrative body.” Jd. (citing DeBlasio v. Zoning Bd. of

Adjustment, 53 F.3d 592, 597 (3d Cir. 1995), abrogated on other grounds by United Artists Theatre

Circuit, Inc. v. Twp. of Warrington, PA, 316 F.3d 392 (3d Cir. 2003)). Most obviously, Mr.

Vuyanich could have filed a motion for reconsideration of Judge Feliciani’s June 18, 2019 order

under Pennsylvania Rule of Criminal Procedure 575. Then, at the September 5, 2019 status

conference, which was two months after the cleanup commenced on June 9, 2019, Judge Feliciani

was notified that “95 percent of the property on Smithton Borough in the right of way is cleaned

up.” (ECF No. 138-15, p. 3). Atno point did either of Mr. Vuyanich’s attorneys lodge objections

to the cleanup or removal of certain property. All that was said by them was that a “lawsuit” might

be filed “with regard to property that was removed from his land.” (/d. at 4-5). Additionally,

there were other remedies available under Pennsylvania law to Plaintiffs. They could have filed a

“Return of Property Petition” under Pennsylvania Rule of Criminal Procedure 588,° a replevin

claim, or perhaps even a claim under the Municipalities Authorities Act (“the Refund Act’), 72

6 See In re $300,000 in United States Currency, 259 A.3d 1051 (Pa. Commw. 2021) (explaining

that Pennsylvania Rule of Criminal Procedure 588 allows an individual to file a civil action against

the government to obtain the return of his property “regardless of whether the Commonwealth has

filed criminal charges or a forfeiture action”). Notably, the Third Circuit has ruled that Rule

588(A) is an adequate procedural remedy that satisfies due process. See McKenna y. Portman, 538

F. App’x 221, 224-25 (3d Cir. 2013).

13

P.S. § 5566b, which entitles a party to a refund for improper payments made to a political

subdivision of Pennsylvania. There is nothing to suggest these post-deprivation processes were

inadequate. Instead, Plaintiffs abandoned this process entirely and filed suit in this Court on

October 18, 2019 — fifteen days after the cleanup of the property ceased — and well before the

resolution of CP-65-CR-0003869-2018 (it was not until May 28, 2020, that Mr. Vuyanich’s non-

jury trial occurred). “If there is a process on the books that appears to provide due process, the

plaintiff cannot skip that process and use the federal courts as a means to get back what he wants.”

Alvin v, 227 F.3d at 116 (citing McDaniels v. Flick, 59 F.3d 446, 460 d Cir. 1995)). A plaintiff

who fails to avail himself of available due process procedures cannot claim abridgement of his due

process rights. Jd. at 116. Because Plaintiffs “failed to take advantage of the available process,

[they have] not demonstrated a violation of the Due Process Clause of the Fourteenth Amendment

and thus cannot maintain a successful § 1983 action in federal court.” Elsmere, 542 F.3d at 424.

Plaintiffs have failed as a matter of law to establish that the procedures available to them

were inadequate. For these reasons, summary judgment will be entered in favor of South

Huntingdon Township as to Count I. See Mulholland vy. Gov’t Cnty. of Berks, Pa., 706 F.3d 227,

238 n.15 (3d Cir. 2013) (“It is well-settled that, if there is no violation in the first place, there can

be no derivative municipal claim.”).

b. Plaintiffs have failed to advance a Monell claim against South

Huntingdon Township.

There must be a violation of Plaintiffs’ constitutional rights for a claim under Monell

against the South Huntingdon Township to proceed. Johnson v. City of Phila., 975 ¥.3d 394, 403

n.13 (3d Cir. 2020). As noted in the previous section, Plaintiffs have failed to allege a

constitutional violation. Thus, their derivative Monell claim fails as a matter of law. See

14

Mulholland, 706 F.3d at 238. Nonetheless, the Court will address the Monell claim given its

unusual nature.

Plaintiffs’ Monell claim is based either on South Huntingdon Township’s decision to

“surrender jurisdiction to Smithton to charge Plaintiffs for legal violations related to the [p]roperty

constitutes an official municipal policy,” (ECF No. 1, p. 24), or, that “South Huntingdon delegated

its policymaking authority to Smithton over the Property” (ECF No. 140, p. 10) and then it “further

delegated law enforcement policymaking power (including South Huntingdon’s ‘jurisdiction’ over

the Property) to Chief Natale” Ud. at 13). Plaintiffs argue that the “claim of municipality

policymaking demonstrates that South Huntingdon caused a violation of Plaintiffs’ procedural due

process rights. (d.).

“If the decision to adopt that particular course of action is properly made by that

government’s authorized decisionmakers, it ... represents an act of official government ‘policy’ as

that term is commonly understood.” Pembaur vy. City of Cincinnati, 475 U.S. 469, 481 (1986).

Typically, a municipal policy is “a ‘statement, ordinance, regulation, or decision officially adopted

and promulgated by [a local governing] body’s officers.’” Simmons y. City of Philadelphia, 947

F.2d 1042, 1059 (3d Cir. 1991) (alteration in original) (quoting Monell, 436 U.S. at 690).

However, “municipal liability attaches only where the decisionmaker possesses final authority to

establish municipal policy with respect to the action ordered.” Jd. at 481. Whether a particular

official has final policymaking authority for the purposes of § 1983 liability is a question of state

law. Kelly v. Borough of Carlisle, 622 F.3d 248, 264 (3d Cir. 2010).

The difficulty in this case is that Plaintiffs are attempting to argue that South Huntingdon

Township’s policymaking authority was delegated to Smithton Borough and then delegated to its

official (Chief Natale). This is an unusual application of the delegation of policymaking authority.

15

To begin with, a very fine line exists between delegating final policymaking authority to an

official, for which a municipality may be held liable, and entrusting discretionary authority to that

official, for which no liability attaches. An incomplete delegation of authority will not result in

municipal liability, whereas an absolute delegation of authority may result in liability on the part

of the municipality. Brennan v. Norton, 350 F.3d 399, 428 d Cir. 2003) (“[I]f a municipal

employee’s decision is subject to review, even discretionary review, it is not final and that

employee is therefore not a policymaker for purposes of imposing municipal liability under §

1983.”); see also Hill, 455 F.3d at 245 (3d Cir. 2006) (“In order to ascertain if an official has final

policy-making authority, and can thus bind the municipality by his conduct, a court must determine

(1) whether, as a matter of state law, the official is responsible for making policy in the particular

area of municipal business in question, and (2) whether the official’s authority to make policy in

that area is final and unreviewable.”).

The Court holds that the letter exchanged between the two municipalities’ solicitors is

insufficient under Pennsylvania law to constitute any sort of cooperation agreement between the

municipalities. Both municipalities’ solicitors acknowledged as much in their deposition

testimony. (ECF No. 138-29, pp. 5-13); (ECF No. 147-1, pp. 3, 5-8).

The Pennsylvania Constitution defines a “municipality” as a “county, city, borough,

incorporated town, township or any similar general purpose unit of government which shall

hereafter be created by the General Assembly.” Pa. Const. art. IX, § 14. By acts of its governing

body, initiative, or referendum, a Pennsylvania municipality may agree to cooperate with another

municipality (or other governmental unit) with respect to any of its functions, powers, or

responsibilities. Article IX, Section 5 provides:

A municipality by act of its governing body may, or upon being required by

initiative and referendum in the area affected shall, cooperate or agree in the

16

exercise of any function, power or responsibility with, or delegate or transfer any

function, power or responsibility to, one or more other governmental units

including other municipalities or districts, the Federal government, any other state

or its governmental units, or any newly created governmental unit.

Pa. Const., art § 5. The Pennsylvania General Assembly, through its passage of the

Intergovernmental Cooperation Act, 53 Pa.C.S. §§ 2301-2317 (the “ICA”), established formal

rules of compliance for intergovernmental cooperation. Section 2303 of the ICA authorizes said

cooperation and provides that it shall be effectuated by joint agreements with other governmental

entities:

(a) General rule.--Two or more local governments in this Commonwealth

may jointly cooperate, or any local government may jointly cooperate with any

similar entities located in any other state, in the exercise or in the performance

of their respective governmental functions, powers or responsibilities.

(b) Joint agreements.--For the purpose of carrying the provisions of this

subchapter into effect, the local governments or other entities so cooperating

shall enter into any joint agreements as may be deemed appropriate for those

purposes.

53 Pa.C.S. § 2303 (emphasis in original). Section 2305 further provides that any agreement for

intergovernmental cooperation necessitates that the governing body of the municipality must pass

an ordinance with respect to said agreement. It states:

(a) Ordinance or resolution.--A local government may enter into

intergovernmental cooperation with or delegate any functions, powers or

responsibilities to another governmental unit, local government or authority as

defined in section 5602 (relating to definitions) upon the passage of an

ordinance or resolution by its governing body. If mandated by initiative and

referendum in the area affected, the local government shall adopt such an

ordinance or resolution.

53 Pa.C.S. § 2305(a).’ Any such ordinance or resolution must include seven specific items of

agreement:

7 Plaintiffs plead that South Huntingdon Township is a second class township. A board of

supervisors consisting of three members is a second class township’s governing body. See 53 P.S.

17

The ordinance or resolution adopted by the governing body of a local

government entering into intergovernmental cooperation or delegating or

transferring any functions, powers or responsibilities to another local

government, an authority as defined in section 5602 (relating to definitions) or

to a council of governments, consortium or any other similar entity shall

specify:

(1) The conditions of agreement in the case of cooperation with or

delegation to other local governments, the Commonwealth, other states or

the Federal Government.

(2) The duration of the term of the agreement.

(3) The purpose and objectives of the agreement, including the powers and

scope of authority delegated in the agreement.

(4) The manner and extent of financing the agreement.

(5) The organizational structure necessary to implement the agreement.

(6) The manner in which real or personal property shall be acquired,

managed, licensed or disposed of.

(7) That the entity created under this section shall be empowered to enter

into contracts for policies of group insurance and employee benefits,

including Social Security, for its employees.

53 Pa.C.S. § 2307. Finally, a cooperation agreement is deemed to be in force (and enforceable)

only after its adoption by ordinance or resolution by all of the cooperating governmental units. 53

Pa.C.S. § 2315.

§ 10107; see also 53 P.S. § 65601; 53 P.S. § 65402(a). The municipal codes contain procedural

requirements for the governing body of a municipality to enact ordinances that include, among

other things, advertising the proposed ordinance in advance of the meeting at which the ordinance

will be considered and making copies of the proposed ordinance available for public inspection.

See 8 Pa. C.S. §§ 3301.1 to 3301.7 (Borough Code); 53 P.S. §§ 65101 to 68701 (Second Class

Township Code). An ordinance must follow certain procedural requirements pertaining to the

method and manner of its adoption to be denoted as such. Statutory procedures for enactment of

ordinances are mandatory and are strictly applied, Messina v. East Penn Twp., 62 A.3d 363 (Pa.

2012); if the municipality fails to comply with such requirements, courts may declare an ordinance

invalid.

18

The ICA deals with durational agreements to permit municipalities to work together on a

regular and ongoing basis over time. As the Pennsylvania Supreme Court explained in

Commonwealth v. Hlubin, 208 A.3d 1032 (Pa. 2019), of cooperative police operations,

Any suggestion that the ICA does not require joint agreements between

participating municipalities to permit ongoing cooperation between their police

departments ignores the reality that one of the core “functions, powers and

responsibilities” of local municipal governments is the provision of police services

to their citizen. 53 Pa. C.S. §2303. When two or more municipalities decide

to cooperate with each other in the provision of such services to their respective

citizenry, an ICA agreement, adopted by ordinance by each of the member

municipalities, is required. 53 Pa.C.S. § 2305. The ordinance of each municipal

governing body must reflect its local control over the precise nature of

the cooperation with the other municipalities, as it must include agreement with

regard to duration, purposes and objectives, financing and the organizational

structure necessary to implement the cooperation agreement. 53 Pa. C.S. § 2307.

Id. at 1043 (internal footnote omitted).®

The actions of Smithton Borough on Plaintiffs’ property, including any property removal

that may have inadvertently occurred on the portion that fell in South Huntingdon Township due

to the contractors’ uncertainty about boundary lines, were not authorized pursuant to an ICA

agreement with South Huntingdon Township. The governing bodies of the two municipalities

could have passed ordinances reflecting their understanding and agreement to permit Smithton

Borough to participate in enforcement activities (including the prosecution of Plaintiffs) on the

8 The Municipal Police Jurisdiction Act, 42 Pa.C.S. §§ 8951-8954 (“MPJA”), provides that a

police officer may perform the functions of his office anywhere within his primary jurisdiction,

but Section 8953(a) extends the authority of police officers to exercise their official police duties

outside their primary jurisdiction in only six specific and limited circumstances. Section 8953(e)

of the MPJA specifically references “cooperative police servicing agreements with another

municipality.” 42 Pa.C.S. § 8953(e). This section speaks to the authority of municipalities to enter

into cooperation with other municipalities of the type envisioned in the ICA. “[S]ection 8953(e)

may fairly be read to indicate that cooperative relationships between municipalities with respect

to the provision of police services require compliance with the ICA unless authorized by one of

the six exceptions in section 8953(a).” Hlubin, 208 A.3d at 1044.

19

portion of the property located in South Huntingdon Township. This did not occur. No exhibits

have been proffered that the two municipalities actually passed any ordinances. Thus, there is no

evidence of record that South Huntingdon Township legally intended its governmental authority

to be transferred/delegated to Smithton Borough. All that can be gathered from the record is that

South Huntingdon Township (through a letter from its solicitor) acquiesced to Smithton Borough

pursing criminal charges against Plaintiffs as to the portion of the property in Smithton Borough

and for Smithton Borough to do so through its police officers and contractors. What occurred was

not a policy decision by South Huntingdon Township to surrender its jurisdiction over to Smithton

Borough, or a delegation of South Huntingdon Township’s policymaking authority to Smithton

Borough (and then to Chief Natale). The Court holds that no legally viable evidence exists that

South Huntingdon Township cooperated in a joint prosecution of Mr. Vuyanich with Smithton

Borough or the cleanup of Plaintiffs’ property. Plaintiffs’ Monell claim fails as a matter of law.

Summary judgment will be entered in favor of South Huntingdon Township as to Count I.?

2. Summary Judgment will be entered in favor of South Huntingdon

Defendants as to Count IV.

According to Plaintiffs, South Huntingdon Defendants violated the Fourth Amendment in

two ways: (1) “they entered and searched the curtilage area of the Property (within fifty feet of

Plaintiffs’ dwelling in the area between their dwelling and shed)”; and (2) they “searched” and

“inspected” Plaintiffs’ “effects” — i.e., they “walked through the South Huntingdon portion of the

° The South Huntingdon Defendants also argue that if Plaintiffs wanted to recover directly from

South Huntingdon Township, they should not have released South Huntingdon Township’s alleged

agent and policymaker, Chief Natale. Plaintiffs have stated that the Smithton Defendants and

South Huntingdon Defendants are not joint tortfeasors. (ECF No. 107, pp. 5-9). Therefore, the

South Huntingdon Defendants are of the position that under Pennsylvania law the release of the

claim against an agent terminates the derivative claim against the principal. (ECF No. 137, pp.

14-15). Given the Court’s holding, it will not decide the merits of this argument.

20

Property with Cooper to view Plaintiffs’ personal items lying there,” and they “touched Plaintiffs’

shed.” (ECF No. 148, p. 17). “The first step in Fourth Amendment analysis is to identify whether

a search or seizure has taken place.” United States v. Hartwell, 436 F.3d 174, 177 (3d Cir. 2006).

The Court finds that as a matter of law no search occurred, and Count IV fails.

The Fourth Amendment protects people’s right “to be secure in their persons, houses,

papers and effects, against unreasonable searches and seizures ...”. Brown v. Muhlenberg Twp.,

269 F.3d 205, 209 (3d Cir. 2001). The Fourth Amendment’s “‘central requirement’ is one of

reasonableness.” J/linois v, McArthur, 531 U.S. 326, 330 (2001) (quoting Texas v. Brown, 460

U.S. 730, 739 (1983)). “[R]easonableness is generally assessed by carefully weighing ‘the nature

and quality of the intrusion on the individual’s Fourth Amendment interests against the importance

of the governmental interests alleged to justify the intrusion.’” Cnty. of Los Angeles, Calif. v.

Mendez, 581 U.S. 420, 427 (2017) (quoting Tennessee v. Garner, 471 U.S. 1, 8 (1985)).

The heightened Fourth Amendment’s protection afforded to homes extends to a home’s

curtilage—the area “immediately surrounding and associated with the home,” Collins v. Virginia,

US. __, 138 S. Ct. 1663, 1670 (2018) (internal quotation marks omitted) (quoting Florida

y. Jardines, 569 U.S. 1, 6 (2013)), and “intimately linked to the home, both physically and

psychologically, where privacy expectations are most heightened,” California v. Ciraolo, 476 U.S.

207, 213 (1986). “[T]he extent of the curtilage is determined by factors that bear upon whether an

individual reasonably may expect that the area in question should be treated as the home itself.”

United States v. Dunn, 480 U.S. 294, 307 (1987) (citing Oliver v. United States, 466 U.S. 170, 180

(1984)). The question of the extent of curtilage is essentially factual. United States v. Benish, 5

F.3d 20, 24 (3d Cir. 1993). There are four factors relevant to the curtilage inquiry: “[1] the

proximity of the area claimed to be curtilage to the home, [2] whether the area is included within

21

an enclosure surrounding the home, [3] the nature of the uses to which the area 1s put, and [4] the

steps taken by the resident to protect the area from observation by people passing by.” Dunn, 480

U.S. at 301. The “central component of the inquiry [i]s whether the area harbors intimate activity

associated with the sanctity of a man’s home and the privacies of life.” Jd. (citation omitted).

First, the Court considers the proximity of the area claimed to be curtilage to the home.

The dilapidated shed was located 50 to 75 yards from Plaintiffs’ dwelling. It was separated from

the dwelling by a barrier of junk, and there was junk strewn in and around the shed. Portions of

the shed were missing and the inside was clearly visible. (ECF No. 135, p. 12); (ECF Nos. 138-

34, 138-35, 138-36). The Court finds that the first factor weighs against a finding that area where

the shed was located constitutes curtilage.

Second, the Court considers whether the area is included within an enclosure surrounding

the home. In no way was the shed connected to the home. And, given its deteriorating state, the

shed itself was not sufficiently enclosed. Thus, the second factor weighs against the Court finding

that area where the shed was located is curtilage.

Third, the Court considers the nature of the area’s usage. There were no signs (e.g., “no

trespass,” “keep out,” or “big dog”) anywhere in that area of the property. (ECF No. 68, p. 29).

The shed itself was filled with junk as well as the surrounding area. Absolutely no evidence was

adduced in discovery to support an inference that the area was an extension of the daily intimate

activities of the home. The Court finds that the third factor weighs against a finding that the area

where the shed was located is curtilage.

Fourth, the Court considers the steps taken to protect the area from observation by people

passing by. Nothing about the area precluded curious neighbors, members of the public, or

government agents from entering and viewing the property. The area at issue was easily accessible

22

by a public road, and Smithton Borough agents were authorized to be on the property conducting

the court-ordered cleanup. Plaintiffs treated their property as a junkyard, and since 2002 they

were subjected to numerous ordinance actions and/or private criminal complaints pursued by

South Huntingdon Township. (ECF No. 135, p. 3); (ECF No. 149, p. 3); (ECF No. 141, p. 1);

(ECF No. 146, p. 1). At some point, South Huntingdon Township stopped pursing actions related

to Plaintiffs’ property. (ECF No. 135, p. 4); (ECF No. 149, p. 3). Smithton Borough also received

frequent complaints about the state of Plaintiffs’ property, and in the course of six to eight years,

Smithton Borough pursued approximately fifty court actions against Plaintiffs. (ECF No. 135, p.

4); (ECF No. 149, p. 4). Given all this, it defies credulity that the area where the shed was located

was intended to be protected. In fact, on the date the Supervisors entered the property, Plaintiffs

were near the Supervisors. Plaintiffs never asked the Supervisors to stop or leave the property. As

the Supervisors exited the property the same way they entered, Mr. Vuyanich said “hello.” (ECF

No. 135, pp. 9-12); (ECF No. 149, pp. 18-22). Thus, the Court finds that the fourth factor weighs

against a finding that the area is curtilage.

On balance, the Court holds that the portion of Plaintiffs’ property at issue was not

intimately linked to the home and, therefore, not curtilage. The Supervisors did not enter the

home’s curtilage; they did not physically intrude into a constitutionally protected area. Count IV

fails as a matter of law.

Furthermore, if “an item left in plain view” is observed, there is no Fourth Amendment

search. Brown, 460 U.S. at 738 n.4 (1983); accord Horton v. California, 496 U.S. 128, 133 n.5

(1990). This is because “a man’s home is, for most purposes, a place where he expects privacy,

but objects, activities, or statements that he exposes to the plain view of outsiders are not protected

because no intention to keep them to himself has been exhibited.” Katz v. United States, 389 U.S.

23

347, 361 (1967) (Harlan, J., concurring) (internal quotation marks omitted). “there has been no

invasion of a legitimate expectation of privacy,” and an object is left in open view and observed

from a lawful vantage point, then there is no “ ‘search’ within the meaning of the Fourth

Amendment.” Minnesota v. Dickerson, 508 U.S. 366, 375 (1993). The plain view doctrine applies

to observations of environmental code violations on a person’s property. See e.g., Singhal v. City

of Wilton Manors, No. 06-cv-61653, 2006 WL 8433166, at *3 (S.D. Fla. Dec. 14, 2006) (citing

Katz and noting that “observations made from vantage points accessible to the public of code

violations exposed to the plain view are not covered by the Fourth Amendment”).

Smithton Borough’s court-approved cleanup of the property was well underway when it

invited South Huntingdon Township supervisors to see its cleanup efforts. It cannot be disputed

that South Huntingdon Township had an interest in promoting the health and safety of its township.

See 53 P.S. § 65607 (under the Pennsylvania Second Class Township Code, the board of

supervisors shall exercise its powers to “secure the health, safety and welfare of the citizens of the

township.” 53 P.S. § 65607); see also 53 P.S. § 66529 (authorizing the board of supervisors to

prohibit nuisances by ordinance). The South Huntingdon Supervisors — Jennewine, Gates, and

Seglowich — decided to visit Plaintiffs’ property, and did so on September 27, 2019. They walked

over a trail/driveway connected to Walnut Lane, a public road, and stood near Plaintiffs’

shed/chicken coop for fifteen to twenty minutes. Plaintiffs were near the Supervisors when they

entered the property, and they never asked the Supervisors to stop or leave the property. As the

Supervisors exited the property the same way they entered, Mr. Vuyanich said “hello.” (ECF No.

135, pp. 9-12); (ECF No. 149, pp. 18-22). All the Supervisors did was observe the state of property

and items left in plain view, including the junk inside the shed as it was clearly visible due to the

shed’s dilapidated condition. Plaintiffs have presented no evidence that the South Huntingdon

24

Defendants observed anything on their property other than items left in plain view. Plaintiffs lack

a reasonable expectation of privacy in such items. That the Supervisors may have touched the

shed for balance as they walked around it is immaterial.

The evidence adduced in discovery does not touch upon the applicable tenets of a viable

Fourth Amendment claim. There is an absence of a genuine dispute. No search occurred on

September 27, 2019. Summary judgment will be entered in favor of the South Huntingdon

Defendants as to Count IV.'°

c. Plaintiffs’ Motion for Partial Summary Judgment

As the Court is granting South Huntingdon Township’s motion as to Count I and entering

summary judgment in its favor, Plaintiffs’ Motion for Partial Summary Judgment as to Count |

will be denied.

TV. CONCLUSION

For the foregoing reasons, the South Huntingdon Defendants’ Motion for Summary

Judgment will be granted, and Plaintiffs’ Motion for Partial Summary Judgment will be denied.

Summary judgment will be entered in favor of South Huntingdon Township at Count J, and in

10 There must be a violation of Plaintiffs’ constitutional rights for a claim under Monell against the

South Huntingdon Township Defendants to proceed. Johnson, 975 F.3d at 403 n.13. Since

Plaintiffs failed to allege a constitutional violation, their derivative Monell claim fails as a matter

of law. See Mulholland, 706 F.3d at 238. However, the Court would note that Plaintiffs failed to

adduce evidence in discovery that the South Huntingdon Defendants instituted a policy which

violated their Fourth Amendment rights.

25

favor of South Huntingdon Township, Supervisor Eddie Troup, Supervisor Matthew Jennewine,

and Supervisor Richard Gates at Count IV. Orders of Court will follow.

BY THE COURT:

ig oe ey

2 | AA & Sp deo

WILLIAM S. STICKMAN IV

UNITED STATES DISTRICT JUDGE

é he tls 3

Date

26

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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