# ARRINGTON v. CITY OF ERIE POLICE DEPARTMENT

> District Court, W.D. Pennsylvania · September 5, 2023

URL: https://www.frixlaw.com/law-library/cases/10419106

## Case

- **Court:** District Court, W.D. Pennsylvania
- **Decided:** September 5, 2023
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

TODRICK W. ARRINGTON, JR., )
Plaintiff ) C.A. No. 22-226 Erie
)
v ) District Judge Susan Paradise Baxter
)
CITY OF ERIE, et al., )
Defendants )

MEMORANDUM OPINION

I. INTRODUCTION
A. Relevant Procedural History
Plaintiff Todrick W. Arrington, Jr., an adult resident of Erie County, Pennsylvania,
initiated this civil rights action in the Court of Common Pleas of Erie County, Pennsylvania. The
action was removed to this Court pursuant to a Notice of Removal filed by Defendants on July
19, 2022. Plaintiff subsequently filed an amended complaint [ECF No. 3] on August 26, 2022,
which is the operative pleading in this case. Named as Defendants in the amended complaint are:
City of Erie (“Erie”); Matthew J. Gustafson (“Gustafson”), a detective with the City of Erie
Police Department (“EPD”); Jerry Stevens (“Stevens”), a police officer with the EPD; Erie
County (“Erie County”); Erie County Probation Officers Alex Kissell (“Kissell”) and Ashley
Clark (“Clark”); Erie County Assistant District Attorneys Emily Downing (“Downing”) and
Khadja Horton (“Horton”); and unnamed John Doe Defendants who are unidentified prison
guards and personnel employed at the Erie County Prison.
Plaintiff’s claims arise from his arrest on July 2, 2020, and subsequent detention at the
Erie County Prison from July 4, 2020 to August 13, 2021, stemming from an incident that
1
occurred on May 30, 2020, during a public protest that was held in connections with Black Lives

Matter in downtown Erie. On that date, three double parking meters in the downtown area were
damaged by a black male who was subsequently misidentified as the Plaintiff. Plaintiff was
ultimately acquitted of all criminal charges that were brought against him, in August 2021, and
this suit followed.
The amended complaint contains nine counts, asserting the following claims: Count I is
asserted against Defendants Gustafson and Stevens for violation of Plaintiff’s rights under the
fourth and fourteenth amendments to the United States Constitution; Count II is asserted against
Defendant Erie for failure to properly train, supervise, and discipline its police officers; Count III
is asserted against Defendants Gustafson, Stevens, and Erie for false arrest and imprisonment;
Count IV is asserted against Defendants Kissell and Clark for violation of Plaintiff’s rights under
the Fourth and Fourteenth Amendments; Count V is asserted against Defendant Erie County for
failure to properly train, supervise, and discipline its probation officers; Count VI is asserted
against Defendants Downing, Horton, Gustafson, and Stevens for malicious prosecution; Count
VII is asserted against Defendant Erie County for failure to properly train, supervise, and
discipline its assistant district attorneys; Count VIII asserts a claim of conspiracy against all
Defendants; and Count IX is asserted against Defendant Erie County and the John Doe
Defendants for violation of Plaintiff’s Fourteenth Amendment rights.
On September 13, 2022, Defendants Erie, Gustafson, and Stevens (hereafter collectively
referred to as “Erie Defendants”) filed a motion to dismiss asserting that Plaintiff has failed to
assert a claim against them upon which relief may be granted [ECF No. 7]. On September 16,
2023, the remaining Defendants Kissell, Clark, Downing, Horton, and Erie County (hereafter
2
collectively referred to as “Erie County Defendants”) filed their own motion to dismiss, or

alternative motion for more definite statement [ECF No. 10]. Plaintiff has since filed a brief in
opposition to both motions [ECF No. 14]. This matter is now ripe for consideration.
B. Relevant Factual History1
On May 30, 2020, a public protest was held in downtown Erie in support of the Black
Lives Matter movement (Id. at ¶ 15). Sometime during the night, three double parking meters
located on the 600 block of State Street were knocked over and dislodged from their bases. (Id.
at ¶ 17). The next day, Defendant Gustafson was assigned to investigate the damage to the
parking meters. (Id. at ¶ 20). At some point during his investigation, Gustafson viewed a social
media video posted by an individual named Tyquan Young (“Young video”), which contained an
audio clip of a loud noise followed by a video image of a black male wearing a COVID mask on
his face, a green hoodie, and “camo pants” standing over a broken parking meter (Id. at ¶ 21;
ECF No. 3-1).
In addition to the Young video, Gustafson also viewed a video received from EPD’s vice
unit (“vice video”), which was taken earlier in the day on May 30, 2020, and depicted hundreds
of people walking across South Park Row near State Street during the Black Lives Matter march.
(Id. at ¶ 23). Defendant Gustafson believed that one of the individuals in the vice video was the
same person he had seen in the Young video, but without the mask. (Id. at ¶ 24). So, he made an

1
The Court accepts as true all well-pleaded allegations of the amended complaint, as is required for purposes of
determining Defendants’ motions. In addition, the factual history includes information contained in Defendant
Gustafson’s Affidavit of Probable Cause, dated June 4, 2020, which is attached as an exhibit to Plaintiff’s amended
complaint.

3
enlarged still photo of the person in the vice video and sent it to police personnel to see if anyone

could identify him. (Id. at ¶ 25). In response, Defendant Stevens emailed Defendant Gustafson
and indicated that he believed the individual in the photo to be the Plaintiff. (Id. at ¶ 26). After
Defendant Stevens identified Plaintiff, Defendant Gustafson secured a photograph of Plaintiff
from Pennsylvania’s Justice Network (“JNET”) and independently concluded that the individual
in the videos was Plaintiff. (ECF No. 3-1). Defendant Gustafson then contacted Defendant
Kissell, Plaintiff’s probation officer, to ask if the person in the still photo was Plaintiff, and
Defendant Kissell responded that “he believed it was.” (Id. at ¶ 27). Defendant Kissell then asked
his supervisor, Defendant Clark, to confirm that the person in the photo was Plaintiff. (Id. at
¶ 28).
Plaintiff notes that he has had a “clearly visible” crown tattoo on the top of his right hand
and wrist since, at least, 2018, and that the individual in the vice video did not have any tattoo on
his right hand (Id. at ¶¶ 29-30). Nonetheless, based on the identification of Plaintiff by
Defendants Stevens, Kissell, and Clark, Defendant Gustafson prepared an Affidavit of Probable
Cause on June 4, 2020, charging Plaintiff with Riot and Criminal Mischief in connection with
the damaged parking meters. (Id. at ¶ 32; ECF No. 3-1). Plaintiff was subsequently arrested on or
about July 2, 2020 (Id. at ¶ 22). After his arrest, Plaintiff was taken to ECP, where “it was clear
prison personnel were already aware of the allegations and factual scenario that led to Plaintiff’s
arrest.” (Id. at ¶ 34).
Plaintiff remained incarcerated at ECP from on or about July 4, 2020, to on or about
August 13, 2021. (Id. at ¶ 39). During this time, Plaintiff was placed in a cell with “a violent and
known racist criminal” and, despite his pleas for safety, was required to remain with the
4
cellmate, which “resulted in the plaintiff being assaulted repeatedly.” (Id. at ¶ 44). Plaintiff began

to suffer physical and mental problems that were initially ignored by ECP personnel, and then
after he was eventually prescribed medication for his mental condition, the medication was later
“inexplicably discontinued by the Erie County employees without a medical basis.” (Id. at ¶ 45).
Over the course of his imprisonment, Plaintiff continually protested his innocence,
arguing that he was not the individual in the photograph and producing exculpatory evidence,
including an alibi witness statement and photographs of his tattoo; however, his protestations
were ignored by Defendants. (Id. at ¶ 35, 37). With regard to his alibi, Plaintiff alleges that “at all
relevant times on May 30, 2020 and May 31, 2020” he was at a family member’s residence
located at 628 East 24th Street with his friend, Daeojzhanae Nobel (“Nobel”). In addition,
Plaintiff’s sister “repeatedly communicated with representatives of the City of Erie and the
County of Erie in an effort to point out the misidentification of her brother.” (Id. at ¶ 36).
Nonetheless, the district attorney’s office elected to proceed with a criminal trial, which
ultimately ended in Plaintiff’s acquittal of all charges (Id. at ¶¶ 40-41, 43).
II. DISCUSSION
A. Official Capacity Claims Against Individual Erie County Defendants
The Erie County Defendants have moved to dismiss Plaintiff’s claims against Defendants
Kissell, Clark, Downing, and Horton in their official capacities because they are redundant of
Plaintiff’s municipal liability claim against Defendant Erie County. The Court agrees.
It is well-settled that “[a]n official capacity suit against a municipal officer is simply
another way of pleading the same action against the municipality itself.” Plonka v. Borough of
Susquehanna, 2017 WL 1036478, at *4 (M.D. Pa. Mar. 17, 2017), citing Kentucky v. Graham,
5
473 U.S. 159, 165 (1985). Thus, where, as here, the government entity is sued along with

municipal officers in their official capacities, the official capacity claim(s) against the individual
officers may be dismissed as redundant. Burton v. City of Philadelphia, 121 F.Supp.2d 810, 812
(E.D. Pa. Oct. 25, 2000). Accordingly, Plaintiff’s official capacity claims against Defendants
Kissell, Clark, Downing, and Horton will be dismissed.
B. Section 1983 Claims
In Count I of his amended complaint, Plaintiff claims that Defendants Gustafson and
Stevens violated his constitutional rights by, inter alia, “fabricating and/or manufacturing
evidence to obtain an arrest warrant against Plaintiff” that “led to Plaintiff’s arrest and Plaintiff
being accused of a crime.” (ECF No. 3, at ¶ 48a-b). In particular, Plaintiff alleges that said
Defendants knew or should have known that the individual depicted in the Young and vice
videos was not Plaintiff, inappropriately encouraged others to misidentify Plaintiff as the
individual in the videos, and withheld evidence that would have led to dismissal of the charges
against Plaintiff. (Id. at ¶ 48d-h).
Similarly, in Count IV of his amended complaint, Plaintiff claims that Defendants Kissell
and Clark violated his constitutional rights by, inter alia, “falsely identifying Plaintiff,”
“[p]roviding illegal and improper witness against Plaintiff,” and “knowingly providing
misidentification of the Plaintiff,” all with the knowledge that their “independent
misidentification would support an arrest warrant leading to the arrest and incarceration of
Plaintiff for a crime he did not commit.” (ECF No. 3, at ¶ 63a-d).
Each of the foregoing claims is construed as a fabricated evidence claim, which the Third
Circuit has recognized as a standalone claim under the procedural due process component of the
6
Fourteenth Amendment. DeForte v. Borough of Worthington, 364 F.Supp.3d 458, 480 (W.D. Pa.

2019), citing Black v. Montgomery Cty., 835 F.3d 358, 369 (3d Cir. 2016); Halsey v. Pfeiffer,
750 F.3d 273, 294 (3d Cir. 2014). Such a claim stands alone because it need not be tied to a
malicious prosecution claim. Halsey, 750 F.3d at 292. To establish a fabricated evidence claim, a
plaintiff must show there is a reasonable likelihood that, absent that fabricated evidence, the
defendant would not have been criminally charged.” Black, 835 F.3d at 372. However, “there is
a ‘notable bar’ for determining whether evidence was fabricated.” Id.
[T]estimony that is incorrect or simply disputed should not be treated as
fabricated merely because it turns out to have been wrong. Therefore, for
example, a witness's misidentification should not be regarded as a
fabrication in the absence of persuasive evidence supporting a
conclusion that the proponents of the evidence were aware that the
identification was incorrect, and thus, in effect, offered the evidence in
bad faith.

Halsey, 750 F.3d at 295. See also Boseman v. Upper Providence Township, 680 Fed. Appx. 65,
70 (3d Cir. 2017) (“[B]ecause we require ‘persuasive evidence supporting a conclusion that the
proponents of the evidence are aware that evidence is incorrect or that the evidence is offered in
bad faith,’ we would look for allegations describing such evidence in a pleading designed to
survive a motion to dismiss”) (quotation omitted); Sledge v. Three Unknown Officers of City of
Erie Police Dept., 2023 WL 4034217, at *6 (W.D. Pa. May 8, 2023) (finding that, due to the
absence of any allegations indicating that the defendants “offered the evidence in bad faith,”
plaintiff was unable to sustain his fabrication of evidence claim).
Here, Plaintiff has alleged, inter alia, that “Defendants Gustafson, Stevens, Kissell, and
Clark either were not familiar enough with Plaintiff to identify him as the person pictured in the
7
still photograph, or in the alternative, falsely identified [Plaintiff] as the person pictured knowing

that this was inaccurate,” and that Defendant Gustafson “used the clearly mistaken identification
as an allegation in the Affidavit of Probable Cause….” (ECF No. 3, at ¶¶ 30-31). These
allegations are minimally sufficient to state a Fourteenth Amendment claim of fabricated
evidence at the pleading stage.2
Nonetheless, both the Erie Defendants and the Erie County Defendants contend that
Defendants Gustafson, Stevens, Kissell, and Clark, are entitled to qualified immunity from
liability under Section 1983. (ECF No. 8, at pp. 17-20; ECF No. 11, at pp. 8-11).
Qualified Immunity is an affirmative defense for government officials subject to §1983
actions which operates to shield government officials from liability for civil damages so long as
their conduct does not violate clearly established statutory or constitutional rights of which a
reasonable person would have known. Kunkle v. Naugle, 660 Fed. Appx. 132, 135 (3d Cir.
2016) citing Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). In other words, a government

2
The Court notes that the Erie Defendants have sought dismissal of Plaintiff’s claim against Defendant Stevens for
his lack of personal involvement in any constitutional violation because his only involvement in this matter was his
identification of Plaintiff from the still photograph circulated by Defendant Gustafson.. (ECF No. 8, at pp. 6-7).
However, to the extent Plaintiff has alleged that this identification was made in bad faith, Defendant Stevens’
personal involvement has been sufficiently implicated at the pleading stage. The Erie Defendants alternatively argue
that Defendant Stevens’ identification of Plaintiff dd not involve state action under Section 1983 because Defendant
Stevens “did not exercise any power possessed by him as a police officer.” (Id. at p. 13). This argument is specious,
at best. Defendant Stevens’ identification was offered in response to his receipt of the still photo from Defendant
Gustafson, which he received only by virtue of his position as a police officer. As such, the identification was
clearly offered in conjunction with a police investigation and was, thus, closely connected to a state action. The Erie
Defendants argue further that Defendant Stevens is entitled to absolute witness immunity, which protects a police
officer who provides testimony as a witness in a criminal proceeding. Briscoe v. LaHue, 460 U.S. 325 (1983);
Williams v. Hepting, 844 F.2d 138, 140-41 (3d Cir. 1988), cert. denied 488 U.S. 851 (1988). However, as the Erie
Defendants acknowledge, no court has yet extended absolute witness immunity “to non-testimonial, out-of-court
statements given by a witness such as identifying a criminal defendant from a photograph or video.” (ECF No. 8, at
p. 15). Nonetheless, Defendants urge the Court to do so here. The Court is not so inclined.
8
official is not entitled to qualified immunity if “at the time of the challenged conduct, the

contours of the right were sufficiently clear that every reasonable official would have understood
that what he was doing violates that right.” Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011). “We
do not require a case directly on point, but existing precedent must have placed a statutory or
Constitutional question beyond debate.” Id. 'The dispositive question is ‘whether the violative
nature of particular conduct is clearly established.’” Mullenix v. Luna, 577 U.S. 7, 12 (2015)
(citation and internal quotation marks omitted).
As discussed above, the contours of a fabricated evidence claim under the procedural due
process component of the Fourteenth Amendment were clearly defined at the time of
Defendants’ alleged conduct in this case. See DeForte, 364 F.Supp.3d at 480, citing Black, 835
F.3d at 369; Halsey, 750 F.3d at 294. Thus, Defendants are unable to establish that they are
entitled to qualified immunity from Plaintiff’s Section 1983 claims.
Based on the foregoing, therefore, Defendants’ motions to dismiss Counts I and IV of
Plaintiff’s amended complaint will be denied.
C. False Arrest and Imprisonment
In Count III of the amended complaint, Plaintiff brings a false arrest and imprisonment
claim against the Erie Defendants, alleging that said Defendants “violated [their] duty to Plaintiff
as a citizen by falsely arresting him without probable cause, and/or arresting him with a warrant
that was obtained illegally,” which “resulted in the Plaintiff’s incarceration and imprisonment for
over one year despite the fact that Plaintiff was improperly arrested without probable cause…”
(ECF No. 3, at ¶¶ 58-59).
To state a claim for false arrest, a plaintiff must establish: “1) there was an arrest; and
9
2) the arrest was made without probable cause.” James v. City of Wilkes-Barre, 700 F.3d 675,

680 (3d Cir. 2012). Similarly, “where the police lack probable cause to make an arrest, the
arrestee has a claim under § 1983 for false imprisonment based on a detention pursuant to that
arrest.” Groman v. Twp. of Manalapan, 47 F.3d 628, 636 (3d Cir. 1995). “[P]robable cause to
arrest exists when the facts and circumstances within the arresting officer's knowledge are
sufficient in themselves to warrant a reasonable person to believe that an offense has been or is
being committed by the person to be arrested.” Orsatti v. N.J. State Police, 71 F.3d 480, 483 (3d
Cir.1995).
To determine whether a law enforcement officer had probable cause to arrest, the district
court must necessarily “examine the events leading up to the arrest, and then decide ‘whether
these historical facts, viewed from the standpoint of an objectively reasonable police officer,
amount to’ probable cause[.]” Maryland v. Pringle, 540 U.S. 366, 371 (2003), quoting Ornelas v.
United States, 517 U.S. 690, 696 (1996). See also Illinois v. Gates, 462 U.S. 213, 232 (1983) (the
existence of probable cause is determined by looking at the totality of the circumstances). The
existence of probable cause is to be considered via a “common sense approach” based on the
totality of the circumstances, Paff v. Kaltenback, 204 F.3d 425, 436 (3d Cir. 2000), and viewed
from the perspective of an objectively reasonable police officer, Pringle, 540 U.S. at 371. Thus,
in general, “the existence of probable cause is a factual issue.” Groman, 47 F.3d at 635.
Where, as here, an arrest is made pursuant to a warrant, “[a] plaintiff may succeed in a
§ 1983 action for false arrest ... if [he] shows, by a preponderance of the evidence: (1) that the
police officer ‘knowingly and deliberately, or with a reckless disregard for the truth, made false
statements or omissions that create a falsehood in applying for a warrant;’ and (2) that ‘such
10
statements or omissions are material, or necessary, to the finding of probable cause.’” Wilson v.

Russo, 212 F.3d 781, 786–87 (3d Cir.2000), quoting Sherwood v. Mulvihill, 113 F.3d 396, 399
(3d Cir.1997). This is precisely what Plaintiff alleges here. In particular, Plaintiff alleges that
Defendants Gustafson and Stevens, among others, “falsely identified [Plaintiff] as the person
pictured [in the still photo obtained from the vice video] knowing that this was inaccurate,” and
that “Defendant Gustafson used the clearly mistaken identification as an allegation in the
Affidavit of Probable Cause which led to warrant of arrest being issued for Plaintiff….” (ECF
No. 3, at ¶¶ 31-32). Such allegations are sufficient to raise an issue as to the existence of
probable cause at the pleading stage. Thus, the Erie Defendants’ motion to dismiss Count III of
the amended complaint will be denied.
D. Malicious Prosecution
In Count VI of his amended complaint, Plaintiff asserts a claim of malicious prosecution
against Erie County Defendants Downing and Horton and Erie Defendants Gustafson and
Stevens.
A claim of malicious prosecution requires a showing that: (1) the defendant initiated
criminal proceedings, (2) the criminal proceedings ended in the plaintiffs favor; (3) the
proceeding was initiated without probable cause, (4) the defendant acted maliciously or for a
purpose other than bringing the plaintiff to justice, and (5) the plaintiff suffered a deprivation of
liberty consistent with the concept of seizure as a consequence of a legal proceeding. Dibella v.
Borough of Beechwood, 407 F.3d 599, 601 (3d Cir. 2005).
The Erie Defendants seek to dismiss this claim against Defendants Gustafson and
Stevens, arguing that they had probable cause to initiate criminal proceedings against Plaintiff;
11
however the Court has already determined that Plaintiff’s allegations are sufficient to raise an

issue as to whether probable cause existed for Plaintiff’s arrest. Thus, the Erie Defendants’
motion to dismiss Plaintiff’s malicious prosecution claim will be denied.
As to Defendants Downing and Horton, the Erie County Defendants argue that they are
entitled to absolute prosecutorial immunity.
A prosecutor engaged in “activities intimately associated with the judicial phase of the
criminal process” is absolutely immune from section 1983 money damages. Imbler v. Pachtman,
424 U.S. 409, 420 (1976). Prosecutors engaged in solely administrative or investigative duties
are not likewise immune. Rose v. Bartle, 871 F.2d 331, 343 (3d Cir. 1989). Courts confronted
with claims challenging a prosecutor’s actions must utilize a functional analysis to determine
whether or not the prosecutor acted within his or her “judicial capacity” when attempting to
apply absolute immunity. Ross v. Morgan, 638 F.2d 646, 648 (3d Cir. 1981). See also Rose, 871
F.2d at 343.
Actions that relate to the prosecutor’s role as an advocate are “judicial” actions. Mancini
v. Lester, 630 F.2d 990, 993 (3d Cir. 1980). For example, prosecutors are absolutely immune
from claims for malicious prosecution, for solicitation of perjured testimony, and for conspiracy
with state actors while engaged in an advocacy role. See Rose; Imbler; Ross. In fact, a
prosecutor’s duties extend beyond the actual filing of a lawsuit. In Imbler, the Supreme Court
noted that “the duties of the prosecutor in his role as an advocate for the state involve actions
preliminary to the initiation of a prosecution and action separate from the courtroom.” Imbler,
424 U.S. at 431, n. 33. Thus, prosecutors are absolutely immune from liability for filing false
charges or initiating a prosecution, Kulwicki v. Dawson, 969 F.2d 1454, 1463 (3d Cir. 1992), or
12
for deciding not to initiate a prosecution, Isley v. Bucks County, 549 F. Supp. 160, 161 (E.D. Pa.

1982).
Here, Plaintiff argues that Defendant Downing is not entitled to prosecutorial immunity3
because she failed to dismiss the criminal charges against Plaintiff despite having knowledge of
the exculpatory evidence she was presented with. (ECF No. 14, at p. 24).4 However, Defendant
Downing’s decision to “ignore” Plaintiff’s exculpatory evidence and proceed with criminal
prosecution was clearly a matter of prosecutorial discretion made within her role as an advocate
in a judicial proceeding. Thus, the doctrine of prosecutorial immunity plainly applies to bar
Plaintiff’s claim of malicious prosecution against Defendant Downing, and such claim will be
dismissed.
E. Section 1983 Claims v. Defendants Erie and/or Erie County
Plaintiff has asserted four separate municipal liability claims under 42 U.S.C. § 1983 at
Count II (against Defendant Erie) and at Counts V, VII, and IX (against Defendant Erie County).
The first three of these claims (Counts II, IV, and VII) include identical language asserting that
the relevant municipality “had, in effect, actual and/or defacto policies, practices, customs, and
usages that were a direct and proximate cause of the unconstitutional conduct of individual

3
Plaintiff has not opposed the Erie County Defendants’ motion to dismiss Plaintiff’s claim against Defendant Horton.
(See ECF No. 14, at p. 23 n. 3). Since Defendant Horton’s alleged actions were clearly judicial in nature, Plaintiff’s
malicious prosecution claim against her is barred by prosecutorial immunity and will be dismissed.

4
Plaintiff makes this argument based primarily upon his application of the Eastern District Court’s reasoning in
Nelling v. County of Delaware, 2012 WL 3996113 (E.D. Pa. Sept. 11, 2012), a case that is plainly not on all fours
with the present case. Specifically, unlike the present case, Nelling involved a qualified immunity argument raised
by a probation officer in response to a false imprisonment claim. Thus, the Court’s reasoning in Nelling has no
helpful application here.
13
Defendants in this case….” (ECF No. 3, at ¶¶ 52, 66, 76). Similarly, Count IX alleges that

Defendant Erie County “created, required or facilitated a policy or custom that caused the
constitutional violations” of the John Doe prison officials. In addition, each count contains a
claim that the relevant municipality failed to train, supervise, or discipline its officers:
• In Count II, Plaintiff alleges that Defendant Erie “failed to properly
train, supervise, or discipline its police officers, including but not
limited to, Defendants Gustafson and Stevens, concerning the
correct practices in investigation of crimes, avoidance of racial
profiling, proper assessment of probable cause, assembling and
evaluating evidence to obtain an arrest warrant and an arrest,
failing to share exculpatory evidence, and avoidance of improper
and deficient police work.” (ECF No. 3, at ¶ 53);

• In Count V, Plaintiff alleges that Defendant Erie County “failed to
properly train, supervise, or discipline its probation officers
including Defendants Kissell and Clark regarding identification of
perpetrators during crime investigations, providing evidence to
City of Erie Police Department for purposes of obtaining arrest
warrants and properly confirming identification and evidence used
against individuals for such purposes.” (Id. at ¶ 67);

• In Count VII, Plaintiff alleges that Defendant Erie County “failed
to properly train, supervise, or discipline its assistant district
attorneys including Defendants Downing and Horton regarding
proper procedure in handling exculpatory evidence, determining
whether to pursue prosecution, understanding and evaluate[ng]
sufficiency of evidence against a criminal defendant, exhibiting
truth and candor to the Court and its officials and acting in a
manner that did not violate the Constitutional rights of criminal
defendants.” (Id. at ¶ 77).

• In Count IX, Plaintiff alleges that Defendant Erie County violated
Plaintiff’s constitutional rights “by not properly hiring, training
and controlling its employees such that they would or act in a
manner in deliberate indifference to the Plaintiff’s health and
safety or otherwise violate the Plaintiff’s constitutional rights as set
forth under 14th amendment to the U.S. Constitution and Section
1983. (Id. at ¶ 93).
14
1. Claims based upon Policy, Practice, or Custom

A municipality or other local government may be liable under Section 1983 if the
governmental body itself “subjects” a person to a deprivation of rights or “causes” a person “to
be subjected” to such deprivation. See Monell v. New York City Dept. of Social Servs., 436 U.S.
658 (1978). Plaintiffs who seek to impose liability on local governments under § 1983 must
prove that “action pursuant to official municipal policy” caused their injury. Monell, 436 U.S. at
691. Official municipal policy includes the decisions of a government's lawmakers, the acts of its
policymaking officials, and practices so persistent and widespread as to practically have the force
of law. See Id.; Pembauer v City of Cincinnati, 475 U.S. 469, 480-81; Adickes v. S.H. Kress &
Co.,398 U.S. 144, 167-68 (1970).
Here, both Defendants Erie and Erie County argue that Plaintiff’s municipal liability
claims based upon a policy, practice, or custom must be dismissed because Plaintiff has failed to
identify a specific policy or custom that allegedly caused the alleged constitutional deprivation.
The Court agrees. Rather than identifying an existing policy, practice, or custom of the municipal
Defendants, Plaintiff simply recites boilerplate language alleging that a policy existed, without
specification. This is insufficient to state a cognizable municipal liability claim under Monell.
See McCall v. City of Phila., 396 F. Supp. 3d 549, 559 (E.D. Pa. 2019) (“Other than pleading
facts that are specific to Plaintiffs, the inclusion of the conclusory terms ‘pattern, practice and
custom’ are simply threadbare recitations of the elements of their claims.”); Cooper v. City of
Chester, 810 F. Supp. 618, 623 (E.D. Pa. 1992) (“[A] § 1983 complaint must do more than recite
the necessary elements of policy, practice or custom, causation, and deliberate indifference”)
15
2. “Failure to train” claims

As for Plaintiff’s “failure to train” claims against the municipal Defendants, the Supreme
Court has recognized that, “[i]n limited circumstances, a local government's decision not to train
certain employees about their legal duty to avoid violating citizens' rights may rise to the level of
an official government policy for purposes of § 1983.” Connick v. Thompson, 563 U.S. 51, 61
(2011). However, “[a] municipality's culpability for a deprivation of rights is at its most tenuous
where a claim turns on a failure to train. Id., citing Oklahoma City v. Tuttle, 471 U.S. 808, 822–
823 (1985) (“[A] ‘policy’ of ‘inadequate training’ ” is “far more nebulous, and a good deal
further removed from the constitutional violation, than was the policy in Monell”).
A municipality's failure to train its employees in a relevant respect must amount to
“deliberate indifference to the right of persons with whom the [untrained employees] come into
contact.” City of Canton, Ohio v. Harris, 489 U.S. 378, 388 (1989). Only then “can such a
shortcoming be properly thought of as a city ‘policy or custom’ that is actionable under § 1983.”
Id. at 389.
“‘[D]eliberate indifference’ is a stringent standard of fault, requiring proof that a
municipal actor disregarded a known or obvious consequence of his action.” Board of County
Comm’rs of Bryan Cnty v. Brown, 520 U.S. 397, 410 (1997). Thus, when city policymakers are
on actual or constructive notice that a particular omission in their training program causes city
employees to violate citizens' constitutional rights, the city may be deemed deliberately
indifferent if the policymakers choose to retain that program. Id. at 407. The municipality's
“‘policy of inaction’” in light of notice that its program will cause constitutional violations “is
the functional equivalent of a decision by the [municipality] itself to violate the Constitution.”
16
Canton, 489 U.S. at 395. A less stringent standard of fault for a failure-to-train claim “would

result in de facto respondeat superior liability on municipalities …” Id. at 392; see also
Pembauer, 475 U.S. at 483 (“[M]unicipal liability under § 1983 attaches where—and only
where—a deliberate choice to follow a course of action is made from among various alternatives
by [the relevant] officials ... ”). “Without notice that a course of training is deficient in a
particular respect, decisionmakers can hardly be said to have deliberately chosen a training
program that will cause violations of constitutional rights.” Connick, 563 U.S. at 62.
Here again, the Plaintiff’s failure to train claims fail because he simply parrots the legal
standards for municipal liability under § 1983 without pleading sufficient supporting facts. In
particular, Plaintiff alleges no facts that would support an inference that either municipal
Defendant was on notice of a risk of its officers committing constitutional violations and
deliberately ignored that risk. See Wood v. Williams, 568 Fed. Appx 100, 105 (3d Cir. 2014).
Indeed, Plaintiff does not allege any facts about training or supervision at all. See Freedman v.
City of Allentown, 853 F.2d 1111, 1117 (3d Cir. 1988) (“Mere conclusory allegations ... that the
defendants deliberately elected not to train are not enough to support a constitutional claim.”);
Cooper v. Chester, 810 F. Supp. 618, 623 (E.D. Pa. 1992) (pleading insufficient where plaintiff
alleged a city “as a matter of policy and practice, has, with deliberate indifference failed to
adequately discipline, train or otherwise direct police officers concerning the rights of citizens,
thereby causing the defendant officers in this case to engage in the unlawful conduct”); McCall,
396 F. Supp. 3d at 560 (allegations devoid of specific factual support for assertions that City
failed to train, supervise and discipline employees insufficient to plead deliberate indifference).
Based on the foregoing, therefore, Plaintiff’s municipal liability claims set forth in
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Counts II, V, VII, and IX of the amended complaint will be dismissed in their entirety.

F. Conspiracy
In Count VIII (incorrectly identified as “Count IIIV”) of the amended complaint, Plaintiff
asserts a claim of “conspiracy to violate civil rights” against all Defendants. In particular,
Plaintiff alleges, inter alia, that Defendants “conspired, assisted and facilitated violation of the
Plaintiff’s civil rights as set forth in Counts I through VII of [the amended complaint] by acting
in concert with each other in the actions set forth therein.” (ECF No. 3, at ¶ 83). Defendants
argue that Plaintiff’s complaint lacks the particularity required to establish a cause of action for
civil conspiracy. (ECF No. 8, at p. 23; ECF No. 11, at p. 18-20). The Court agrees.
“To plead conspiracy adequately, a plaintiff must set forth allegations that address the
period of the conspiracy, the object of the conspiracy, and the certain actions of the alleged
conspirators taken to achieve that purpose.” Great W. Mining & Mineral Co. v. Fox Rothschild
LLP, 615 F.3d 159. 179 (3d Cir. 2010); Shearin v. E.F. Hutton Group, Inc., 885 F.2d 1162, 1166
(3d Cir.1989). Here, the amended complaint lacks any factual allegations as to the time, place or
specific objects of the alleged conspiracy, which are required for a claim of conspiracy to survive
a motion to dismiss. See Ulrich v. Corbett, 614 Fed. Appx. 572, 574-75 (3d Cir. 2015). Instead
the amended complaint sets forth merely “conclusory allegation[s] of agreement at some
unidentified point [, which] does not supply facts adequate to show illegality.” Bell Atlantic
Corp. v. Twombly, 550 U.S. 544, 557 (2007). For instance, sets forth a list of alleged actions that
were taken by Defendants, most of which consist of conclusory allegations, such as “targeting or
singling out Plaintiff to frame him for a crime” and “participating in manufacturing and creating
evidence to support the issuance of an arrest warrant for Plaintiff with knowledge that this
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constituted a misrepresentation to a Court of law.” (Id. at 83a, e). Thus, the complaint falls far

short of the pleading standard required to state a cognizable claim of conspiracy, and
Defendants’ motions to dismiss this claim will be granted.
G. Section 1983 Claim v. John Doe prison personnel
In Count IX of the amended complaint, Plaintiff asserts a Section 1983 claim against
unnamed John Doe Defendants for deliberate indifference to his health and safety in violation of
the Fourteenth Amendment. This claim arises from the alleged mistreatment of Plaintiff by
prison officials at ECP during his incarceration as a pretrial detainee from on or about July 4,
2020 to on or about August 13, 2021. This claim will be allowed to proceed subject to Plaintiff’s
identification of the John Doe Defendants and the amendment of the complaint to state such
claim more particularly by including specific allegations pertaining to each identified Defendant,
within forty-five (45) days.
An appropriate Order follows.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10419106. Public record. Not legal advice.