Opinion

TAYLOR v. PIPIK

Court
District Court, W.D. Pennsylvania
Filed
Jan 28, 2025
Cited by
0 cases
Authority
More cited than 34.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

TERRELL TAYLOR, )

)

Civil Action No. 2:24-cv-00146-KT

Plaintiff, )

)

District Judge Cathy Bissoon

v. )

)

Magistrate Judge Kezia O. L. Taylor

JOSHUA PIPIK, et al., )

)

)

Defendants. ECF No. 26

)

) ECF No. 30

REPORT AND RECOMMENDATION

I. RECOMMENDATION

It is respectfully recommended that Defendants Pipik’s, Marcelle-Rudolph’s, and Contis’

Motion to Dismiss, ECF No. 26, be granted in part and denied in part. The Motion should be

granted as to Plaintiff’s Due Process claim against Defendant Pipik, and this claim should be

dismissed, with prejudice. It is further recommended that the Motion be denied in all other respects

without prejudice to later renewal if and as appropriate.

It is respectfully recommended that Defendant Finerty’s Motion to Dismiss, ECF No. 30,

be granted in part and denied in part. The Motion should be granted as to Plaintiff’s Due Process

claim and this claim should be dismissed, with prejudice. It is further recommended that

Defendant Finerty’s Motion be denied in all other respects without prejudice to later renewal if

and as appropriate.

It is further recommended that the Court stay and administratively close this case until

Plaintiff’s pending criminal proceedings have concluded, at which time Plaintiff may file a Motion

to re-open this case.

II. REPORT

A. Procedural History

Plaintiff Terrell Taylor (“Plaintiff”) initiated the instant lawsuit on February 2, 2024, with

the filing of a Motion to Proceed in forma pauperis. ECF No. 1. Plaintiff’s Motion was granted

and his Complaint was docketed on February 6, 2024. ECF Nos. 4, 5. Plaintiff filed an Amended

Complaint on March 7, 2024, which is the operative pleading here. ECF No. 11. As Defendants,

Plaintiff has named several employees of the Pennsylvania Board of Probation and Parole

(“PBPP”) – Pipik, Marcelle-Rudolph, and Contis (“Parole Defendants”), and Finerty, a police

officer of the McKees Rocks Police Department.

In his Amended Complaint, Plaintiff brings claims under the Fourth and Fourteenth

Amendments to the United States Constitution related his November 10, 2022 arrest and

subsequent incarceration in Allegheny County Jail. ECF No. 11, generally. Defendants filed

timely Motions to Dismiss, ECF Nos. 26, 30, and Plaintiff filed his responses thereto.1 ECF Nos.

39, 41. On July 23, 2024, Defendant Finerty submitted his reply. ECF No. 42. Defendants’

Motions to Dismiss are now ripe for review.

B. Factual Allegations

On November 10, 2022, in the presence of Defendant Finerty, Plaintiff’s home was

searched by several parole agents, including Parole Defendant Pipik, after Defendant Finerty gave

1 On June 4, 2024, Parole Defendants Pipik and Marcelle-Rudolph filed their Motion to Dismiss

at ECF No. 26 and Parole Defendant Contis filed her Motion to Dismiss at ECF No. 28. Having

reviewed these Motions, along with the supporting Briefs, the Court could not discern any

differences between the two filings and reached out to counsel for Parole Defendants regarding

the apparent duplicate submissions. Counsel advised that because not all Parole Defendants were

linked to the original filing, the Motion was refiled to reflect that it is filed on behalf of all Parole

Defendants. To avoid confusion, this Report and Recommendation will refer to ECF No. 26 as

Parole Defendants’ 12(b)(6) Motion.

an “anonymous tip” relating to Plaintiff’s involvement in criminal activity. ECF No. 11 at 6.

While the search did not result in any contraband being found in Plaintiff’s residene, Plaintiff was

nevertheless taken to McKees Rocks Police Department where he was questioned by Defendant

Finerty and advised that he was being charged with a crime and arrested. Id. Defendant Finerty

transported Plaintiff to the Allegheny County Jail, where Plaintiff remained until December 18,

2023. Id. Plaintiff asserts that he was detained by PBPP for a probation violation and because he

was not actually charged with a crime, the detention was due to a technical violation, which

Plaintiff denies he committed. Id.

On December 8, 2022, Plaintiff participated in a Gagnon I hearing before a Hearing

Examiner, during which Parole Defendant Pipik testified that Plaintiff was being detained as part

of a criminal investigation and that criminal charges would be forthcoming. Id. The Hearing

Examiner recommended for Plaintiff to be released to a work-release program and that his Gagnon

II be scheduled “immediately.” Id. Plaintiff asserts that he did not receive the Gagnon II hearing,

nor was he provided with written notice of the technical violations for which he was being

detained. Id.

Plaintiff brings a Fourth Amendment claim against Defendant Finerty and Parole

Defendant Pipik for “unlawful arrest and seizure.” Id. at 7. Plaintiff brings a Fourteenth

Amendment claim against Parole Defendants Pipik, Marcelle-Rudolph, and Contis for failing to

schedule his Gagnon II hearing. Id. As relief, Plaintiff seeks actual and punitive damages.

C. Legal Standard

A motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) tests the legal

sufficiency of the complaint. See Kost v. Kozakiewicz, 1 F.3d 176, 183 (3d Cir. 1993). In deciding

a Rule 12(b)(6) motion to dismiss, the court must accept as true all well-pled factual allegations in

the complaint and views them in a light most favorable to the plaintiff. See U.S. Express Lines

Ltd. v. Higgins, 281 F.3d 383, 388 (3d Cir. 2002). Because Plaintiff is proceeding pro se, the

allegations in the complaint must be held to “less stringent standards than formal pleadings drafted

by lawyers.” Haines v. Kerner, 404 U.S. 519, 520-521 (1972). The “court[] generally consider[s]

only the allegations in the complaint, exhibits attached to the complaint, matters of public record,

and documents that form the basis of a claim” when considering a motion to dismiss. Lum v. Bank

of Am., 361 F.3d 217, 222 n.3 (3d Cir. 2004) (citing In re Burlington Coat Factory Sec. Litig., 114

F.3d 1410, 1426 (3d Cir.1997)).

D. Discussion

1. Fourteenth Amendment Due Process Claim

Plaintiff’s due process claim against Parole Defendants is premised on his representation

that Plaintiff was not afforded a Gagnon II hearing after his November 10, 2022 arrest. ECF No.

11 at 7. However, a review of Plaintiff’s criminal docket, No. CP-02-CR-0013237-2016, reveals

that Plaintiff’s Gagnon II hearing was held on March 16, 2023.2 Indeed, “it is well-established

that a court need not accept as true allegations contained in a complaint that are contradicted by

matters of which the court may take judicial notice.” Mollett v. Leith, No. 09-cv-1192, 2011 WL

5407359, at *2 (W.D. Pa. Nov. 8, 2011) (internal citations omitted). Since the Gagnon II hearing

took place, Plaintiff’s due process claim fails as a matter of law. As such, it is respectfully

2 Courts within the Third Circuit have held that a court may take judicial notice of court dockets

at the motion to dismiss stage. See In re Congoleum Corp., 426 F.3d 675, 679 n.2 (3d Cir. 2005)

(taking judicial notice of “state court proceedings insofar as they are relevant”); Mollett v. Leith,

2011 WL 5407359, at *2 (W.D. Pa. 2011) (“A court may also take judicial notice of the docket in

Plaintiff's underlying criminal trial.”) aff’d sub nom. Mollett v. Leicth, 511 Fed. App’x 172 (3d

Cir. 2013).

recommended that Plaintiff’s due process claim against Parole Defendants be dismissed, with

prejudice.

2. Heck v. Humphrey Bars Plaintiff’s Claims

All Defendants argue, inter alia, that Heck bars Plaintiff’s claims. See ECF Nos. 27, 31.

While their arguments are well-taken, they are premature.

In Heck v. Humphrey, 512 U.S. 477 (1994), the Supreme Court held that: “to recover

damages [or other relief] for allegedly unconstitutional conviction or imprisonment, or for other

harm caused by actions whose unlawfulness would render a conviction or sentence invalid, a §

1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal,

expunged by executive order, declared invalid by a state tribunal authorized to make such

determination, or called into question by a federal court’s issuance of a writ of habeas corpus[.]”

Heck, 512 U.S. at 486-87 (footnote and internal citation omitted). In other words, “a prisoner

cannot use § 1983 to obtain damages where success would necessarily imply the unlawfulness of

a (not previously invalidated) conviction or sentence.” Wilkinson v. Dotson, 544 U.S. 74, 81

(2005).

Here, criminal charges are currently pending against Plaintiff that relate to his November

10, 2022 encounter with Defendants. See USA v. Taylor, No. 23-cr-00277 (W.D. Pa. Dec. 3, 2025).

As such, it would be premature for the Court to dismiss Plaintiff’s Fourth Amendment claim

against the Defendants because Plaintiff has not yet been convicted. Rather, in situations such as

the one presented here, both the Supreme Court and the Third Circuit allow for a district court to

stay a civil action until the related criminal case has ended.

In Wallace v. Kato, 549 U.S. 384 (2007), the United States Supreme Court provided:

If a plaintiff files a false-arrest claim before he has been convicted

(or files any other claim related to rulings that will likely be made in

a pending or anticipated criminal trial), it is within the power of the

district court, and in accord with common practice, to stay the civil

action until the criminal case or the likelihood of a criminal case is

ended. See id., at 487–488, n. 8, 114 S.Ct. 2364 (noting that

“abstention may be an appropriate response to the parallel state-

court proceedings”); Quackenbush v. Allstate Ins. Co., 517 U.S. 706,

730, 116 S.Ct. 1712, 135 L.Ed.2d 1 (1996). If the plaintiff is

ultimately convicted, and if the stayed civil suit would impugn that

conviction, Heck will require dismissal; otherwise, the civil action

will proceed, absent some other bar to suit. Edwards v. Balisok, 520

U.S. 641, 649, 117 S.Ct. 1584, 137 L.Ed.2d 906 (1997); Heck, 512

U.S., at 487, 114 S.Ct. 2364.

Id. at 393 and 394.

The Third Circuit relied on this approach in McKinney v. Prosecutor Cnty. Prosecutor’s

Off., 612 F. App’x 62 (3d Cir. 2015), where the Court afforded the trial court latitude to stay the

case pending the outcome of Plaintiff’s related criminal proceedings. There, the Court explained:

The District Court dismissed McKinney’s malicious prosecution

claims under Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129

L.Ed.2d 383 (1994), but McKinney’s criminal case was still pending

at the time. Heck does not apply to “an anticipated future

conviction.” Wallace v. Kato, 549 U.S. 384, 393, 127 S.Ct. 1091,

166 L.Ed.2d 973 (2007). The Supreme Court has noted that a proper

course of action in a situation like McKinney’s would be for the

District Court to stay the adjudication of the plaintiff’s claim until

the end of his criminal proceedings. See id. At that time, if the result

was a determination of guilt, the District Court would then dismiss

the claim under Heck. Id.

Id. at 65 and 66 (footnotes omitted).

More recently, District Judge Bissoon adopted Magistrate Judge Eddy’s recommendation

to stay a civil action where the asserted civil claims related to not-yet resolved criminal

proceedings. See Perrin v. Iuzzolino, CV 16-791, 2017 WL 487123 (W.D. Pa. Jan. 11, 2017),

report and recommendation adopted sub nom. Perrin v. Izzulino, CV 16-791, 2017 WL 478171

(W.D. Pa. Feb. 6, 2017). In Perrin, the Court relied on Wallace and McKinney and provided that

“ . . . where the § 1983 plaintiff has yet to be convicted and his civil claims are closely related to

his criminal proceedings, the Court should stay the civil action.” Perrin, 2017 WL 487123, at *4.

The current posture of this civil action warrants the same outcome. As such, it is

respectfully recommended that the Court stay and administratively close this case until the

conclusion of Plaintiff’s criminal proceedings.

III. CONCLUSION

For the above reasons, it is respectfully recommended that Plaintiff’s Due Process claim

be dismissed, with prejudice. It is further recommended that the Court stay and administratively

close this action until Plaintiff’s pending criminal proceedings have concluded. If, upon the

conclusion of Plaintiff’s criminal case, the charges against him are dismissed or there is a verdict

in his favor, Plaintiff may file a motion to re-open this case. If and when this occurs, Defendants

will be able to renew their Motions to Dismiss. In any event, it is recommended that the parties

file a status report with the Court within 30 days of the conclusion of the criminal prosecution

informing the Court of the outcome of the prosecution and how they intend to proceed.

In accordance with the Federal Magistrate Judge’s Act, 28 U.S.C. §636(b)(1)(B) and (C),

and Rule 72.D.2 of the Local Rules of Court, the parties are allowed fourteen (14) days from the

date of service of this Report and Recommendation to file written objections thereto. Any party

opposing such objections shall have fourteen (14) days from the date of service of objections to

respond thereto. Failure to file timely objections will constitute a waiver of any appellate rights.

Dated: January 28, 2025.

_/s/ Kezia O. L. Taylor_______________

Kezia O. L. Taylor

United States Magistrate Judge

cc: TERRELL TAYLOR

140770

ALLEGHENY COUNTY JAIL

950 Second Avenue

Pittsburgh, PA 15219

Counsel for Defendants

(Via CM/ECF electronic 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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