Opinion

ARRINGTON v. ERIE COUNTY PRISON

Court
District Court, W.D. Pennsylvania
Filed
Feb 26, 2025
Cited by
0 cases
Authority
More cited than 34.2%

The opinion

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

RICHARD ARRINGTON, )

)

Plaintiff, )

)

v. ) 1:23cv285

) Electronic Filing

ERIE COUNTY PRISON, )

JOSHUA VOGEL, MICHAEL DEJOHN, )

ERIE POLICE DEPARTMENT, )

SUSAN MACK, Dr. LASAR, M.D., )

WARDEN SUTTER, )

)

Defendants. )

MEMORANDUM OPINION

Richard Arrington ("plaintiff") commenced this civil rights action pursuant to 42 U.S.C.

§ 1983 seeking redress for his arrest on retail theft charges on September 11, 2023, and the

treatment he immediately experienced after being taken into custody. Plaintiff filed an amended

complaint on November 8, 2023. Presently before the court are defendants' motions to dismiss

based on a variety of reasons, including failure to state a claim, failure to prosecute, judicial

immunity, Eleventh Amendment immunity, qualified immunity, the existence of probable cause,

and the lack of a certificate of merit. Also before the court are plaintiff's motion for leave to

amend and a series of motions related to the proposed amended complaint. For the reasons set

forth below, defendants' motion to dismiss for failure to prosecute will be denied, plaintiff's

motion for leave to amend will be denied, plaintiff's motions related to the proposed amended

complaint will be denied as moot and the case will be referred back to the magistrate judge for

further proceedings consistent with this Memorandum Opinion and the accompanying order.

Plaintiff's amended complaint alleges that on September 11, 2023, he was walking down

the street when he was detained, handcuffed and taken into custody without a warrant or a proper

front on Magisterial District Judge Susan Mack, who did not make a proper probable cause

determination by failing "to Jurat, Sign and Stamp the Commonwealth Signature" on the

affidavit and warrant presented by arresting Erie Police Office Joshua Vogel, making plaintiff's

arrest illegal based on the lack of probable cause. Plaintiff was then illegally detained in a

holding cell in the Erie County Police Department.

Plaintiff began having chest pain after being in a holding cell that had no mattress or

covers and he was not given the customary opportunity to make a telephone call. Plaintiff was

taken to the hospital where he was examined by Dr. Asar. Dr. Asar asked plaintiff why he felt

the need to come to the hospital and ignored plaintiff's extremely high blood pressure. He also

questioned plaintiff about his medical history in front of the police officers and thus shared

plaintiff's assertedly protected medical information in violation of HIPPA.

Dr. Asar declined to treat plaintiff for his high blood pressure and informed the officers

they could escort plaintiff back to the Erie County Prison. The officers then incarcerated

plaintiff there without a valid warrant or a finding of probable cause for his arrest, which Warden

Sutter thus assertedly permitted.

Plaintiff requests varying forms of declaratory and injunctive relief. These include

having Officer Vogal placed on desk duty and retrained in the procedures for arrest and

detention; precluding the Erie Police Department from filing criminal complaints that are

unsigned by a magisterial district judge and acting on unverified probable cause affidavits;

having Magisterial District Judge Susan Mack retrained in processing criminal complaints and

affidavits of probable cause; having Dr. Asar undergo training on treating all persons with

respect and avoiding bias towards patients in handcuffs and pay money damages for engaging in

the "lack of medical attention;" holding Officer Vogel and Warden Sutton liable for a "Natural

process to review and pursue them; and having the "right to know law" be activated in this case

so that the conditions of lead paint, rusty tables, illegal and degrading searches, moldy shower

facilities, dangerous objects brought in by the guards, and the improper stifling of

communications between inmates and upper level prison authorities can all become known.

Plaintiff also requests the court to send the Erie County Prison a warning about the confiscation

of legal mail.

Some of the defendants filed the pending motions to dismiss as referenced above. On

each occasion the plaintiff was advised by the court and/or the record reflected that "[a]

response/briefing schedule will issue once all Defendants have responded to the Amended

Complaint." See Order of January 1, 2024; Order of April 16, 2024; and Order of April 24, 2024

(Document No.s 20, 34 and 37). One of the previously assigned magistrate judges then

administratively closed the case after plaintiff was released from the Erie County Prison and

thereafter failed to provide an updated address. See Order of June 5, 2024 (Document No. 44),

and Staff Note of May 29, 2024, noting the return of the court's mail addressed to plaintiff as

undeliverable. Defendant I. Asar, M.D., then filed a motion to dismiss for failure to prosecute, in

which the other defendants joined.

The current Magistrate Judge issued a report on October 4, 2024, recommending that the

case be dismissed for failure to prosecute and that the pending motions to dismiss be denied as

moot. Plaintiff was given until October 21, 2024, to file objections to the report and

recommendation. He failed to file any objections within that deadline or seek an extension of it.

On January 6, 2025, plaintiff filed a motion to extend the deadline for filing objections to

the October 4, 2024, report and recommendation. Plaintiff claimed that he had a "mental

situation" and he was precluded from revealing his whereabouts while in treatment at a mental

respond to the pending motion to dismiss for failure to prosecute and the October 4, 2024, Report

and Recommendation by January 31, 2025.

Plaintiff responded to the January 7, 2025, order by filing a motion for leave to amend.

He seeks to add claims against the Erie Police Department, the Erie County Prison and the Erie

County District Attorney's Office based on his November 30, 2024, arrest on felony robbery,

aggravated assault and receiving stolen property. Plaintiff asserts that he was arrested without an

affidavit of probable cause, subjected to a ransom bail in the amount of $10,000.00 straight cash,

and released from Hamot UPMC Hospital on December 2nd or 3rd, 2024, and thereafter placed in

illegal detention. After being released to Erie County Prison, plaintiff was subject to detention

based on a preliminary hearing that was conducted by video conference. The victim did not

appear at that hearing and the hearing was then extended for several weeks and rescheduled for

January 23, 2025. Plaintiff asserts the Erie Police Department is utilizing criminal complaints

without affidavits of probable cause, that magisterial district judges are failing to sign and seal

warrants of arrest, supporting affidavits, and permitting the submission of false records and

writings which are not sworn. Plaintiff requests that he be permitted to amend his complaint and

the order permitting an extension to respond until January 31, 2025, be extended until March 21,

2025.

In a motion in support filed on January 17, 2025, plaintiff reiterates his assertions

regarding the events that occurred on September 11, 2023. He asserts every defendant

participated in the violation for his rights regardless of whether they did so knowingly or

unknowingly, engaged in human trafficking, committed unlawful restraint, kidnapping, false

imprisonment, and coercion, and participated in issuing blank warrants. All of this has resulted

in plaintiff's loss of liberty without due process of law and a violation of his right to equal

plaintiff moves to add the following as defendants: "some unknown Erie Police Officers to be

added to this civil action by the means of civil conspiracy;" Warden Holman of Erie County

Prison, St. Vincent Hospital, Magisterial District Judge Edward Wilson, and the sergeant

working intake at the Erie County Police Department on November 30, 2024. Motion to Add

Defendants (Doc. No. 64) at p.1.

As an initial matter, defendant Asar's motion to dismiss for lack of prosecution (in which

the other defendants have joined) will be denied. The United States Court of Appeals for the

Third Circuit has identified a six-factor balancing test to guide a court in determining whether a

case should be dismissed for failure to prosecute. Poulis v. State Farm Fire & Casualty Co., 747

F.2d 863 (3d Cir. 1984). The court must consider (1) the extent of the party’s personal

responsibility; (2) the prejudice to the adversary caused by the failure to meet scheduling orders

and respond to discovery; (3) a history of dilatoriness; (4) whether the conduct of the party or

attorney was willful or in bad faith; (5) the effectiveness of sanctions other than dismissal, which

entails an analysis of alternative sanctions; and (6) the meritoriousness of the claim or defense.

Id. at 868. There is no “magic formula” or “mechanical calculation” to determine whether a case

should be dismissed for failure to prosecute, Mindek v. Rigatti, 964 F.2d 1369, 1373 (3d Cir.

1992), and not all six factors need to weigh in favor of dismissal before dismissal is warranted.

Hicks v. Feeney, 850 F.2d 152 (3d Cir. 1988). Rather, the court must “properly consider and

balance” each of the six factors based on the record. See Hildebrand v. Allegheny County, 923

F.3d 128, 132 (3d Cir. 2019) (citing Poulis, 747 F.2d at 868).

“Dismissal with prejudice is an ‘extreme’ sanction” that should be employed as a “last,

not first, resort.” Hildebrand, 923 F.3d at 132 (quoting Nat’l Hockey League v. Metro Hockey

Club, Inc., 427 U.S. 639, 643 (1976), and Poulis, 747 F.2d at 867, 869). A close case should “be

is a sanction rightfully in the district courts’ toolbox,” and the Third Circuit “has not hesitated to

affirm the district court’s imposition of sanctions, including dismissals in appropriate cases." Id.

(citing Poulis, 747 F.2d at 867 n. 1).

Here, the sole basis for dismissal was plaintiff's failure to keep the court informed of his

change of address. With the lack of a viable address, the report and recommendation noted that

plaintiff had effectively abandoned his claims because he had not corresponded with the court for

nearly a year. But tellingly, plaintiff had never been ordered to respond to defendants'

substantive motions to dismiss "because all of the Defendants ha[d] not responded to the

Amended Complaint." Report and Recommendation (Doc. No. 56) at p.2. Nor had the court

entered a case management order or briefing schedule requiring further action or submission by

plaintiff. In other words, but for failing to keep his address current, plaintiff was not delinquent

in complying with the court's orders or moving the case forward in any way at the time the report

and recommendation was issued. The ability to communicate with plaintiff and assure his

ongoing participation in the lawsuit as hereafter ordered has been rectified by plaintiff's own

efforts. For these reasons, dismissal for failure to prosecute is too harsh and thus an

inappropriate sanction at this juncture.1

Plaintiff's motion for leave to amend will be denied. The decision to grant or deny leave

under Rule 15(a) is within the sound discretion of the district court. Coventry v. U.S. Steel

Corp., 856 F.2d 514, 518 (3d 1988) (citing Foman v Davis, 371 U.S. 178, 182 (1962)). Leave to

amend is to be granted "when justice so requires" and generally leave to amend is to be granted

“unless equitable considerations render it otherwise unjust.” Southeastern Pennsylvania

2020) (quoting Rule 15(a)(2) and Arthur v. Maersk, 434 F.3d 196, 204 (3d Cir. 2006)).

"Grounds potentially justifying denial of leave to amend are 'undue delay, bad faith,

dilatory motive, prejudice, and futility.'" Orrstown Financial Services, 335 F.R.D. at 61 (citing

Foman, 371 U.S. at 182 and In re Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1434 (3d

Cir. 1997)). Courts in this jurisdiction have "consistently recognized . . . that 'prejudice to the

non-moving party is the touchstone for the denial of an amendment.'" Id. (citing Arthur, 434

F.3d at 204 (quoting Lorenz v. CSX Corp., 1 F.3d 1406, 1413-14 (3d Cir. 1993)). In this setting

"'prejudice' focuses on hardship to the defendant if the amendment were permitted, specifically,

whether amendment 'would result in additional discovery, cost, and preparation to defend against

new facts or new theories.'" Id. (quoting Cureton v. Nat'l Collegiate Athletic Ass'n, 252 F.3d

267, 273 (3d Cir. 2001)). And in demonstrating such prejudice, "the non-moving party must do

more than merely claim prejudice; 'it must show that it [would be] unfairly disadvantaged or

deprived of the opportunity to present facts or evidence.'" Id. (quoting Bechtel v. Robinson, 886

F.2d 644, 652 (3d Cir. 1989) (quoting Heyl & Patterson Int'l v. F.D. Rich Housing, 663 F.2d

419, 426 (3d Cir. 1981)).

Several of the defendants have been waiting for close to a year (and in one case over a

year) to have their initial motions to dismiss resolved. Plaintiff has never responded to those

motions. And instead of addressing those motions on their merits when directed to respond to

the report and recommendation addressing his failure to prosecute, plaintiff instead sought to do

an end-run around the issues raised in those motions by injecting a whole new series of events

into the litigation. Those events pertain to a different arrest by different individuals. He then

filed no fewer than ten new motions relating to his most recent November 30, 2024, arrest and

proposed amended complaint. Failing to resolve the initial long-pending motions to dismiss

events occurring over a year later constitute sufficient prejudice to deny plaintiff's current motion

for leave to amend. And in light of this disposition, all of his recent motions relating to his

proposed amended complaint will be denied as moot.

For the reasons set forth above, defendants' motion to dismiss for failure to prosecute will

be denied; plaintiff's motion to file an amended complaint will be denied; and plaintiff's motions

pertaining to the issues raised in the proposed amended complaint will be denied as moot. The

case will be referred back to Magistrate Judge Brown for further proceedings consistent with this

Memorandum Opinion and accompanying order.

Date: February 26, 2025

s/David Stewart Cercone

David Stewart Cercone

Senior United States District Judge

cc: The Honorable Christopher B. Brown,

United States Magistrate Judge

Counsel of Record

(Via CM/ECF Electronic Mail)

Richard Arrington

226 29th St.

Erie PA 16504

(Sent Via First Class Mail)

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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