Opinion

LANDRY v. WEST CAIN TOWNSHIP

Court
District Court, E.D. Pennsylvania
Filed
Jul 2, 2025
Cited by
0 cases
Authority
More cited than 37.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

TAKESHIA LANDRY, individually and as CIVIL ACTION

representative of N. Brown, NO. 24-6315

Plaintiff,

v.

WEST CALN TOWNSHIP, CURTIS

MARTINEZ, and ANTHONY SPARANO,

Defendants.

MEMORANDUM ON MOTION TO DISMISS SECOND AMENDED COMPLAINT

Baylson, J. July 2, 2025

Plaintiff Takeshia Landry (“Landry”) brings this action pursuant to 42 U.S.C. § 1983 and

state law following alleged violence at the hands of a West Caln Township Police Department

Sergeant during a traffic stop. For the reasons stated below, Defendants West Caln Township and

Curtis Martinez’s (the “West Caln Defendants”) Motion to Dismiss Landry’s Second Amended

Complaint is GRANTED in part and DENIED in part.

I. FACTUAL ALLEGATIONS

The Court accepts the factual allegations in the Second Amended Complaint as true for the

limited purpose of this Motion to Dismiss. Landry, an African American woman, brings this action

individually and as a representative of her minor son. Second Am. Compl. ¶ 3, ECF 21. Defendant

Anthony Sparano (“Sparano”) was a white male Sergeant with the West Caln Township Police

Department. Id. ¶ 4. Defendant Curt A. Martinez (“Chief Martinez”) is the Chief of Police at the

West Caln Township Police Department. Id. ¶ 5.

A. The November 10, 2021, Incident

On November 10, 2021, shortly after midnight, Sparano was on patrol and signaled to pull

over Landry’s car after she made a left turn at a red light. Id. ¶¶ 7, 10–11. Landry slowed down,

turned on her hazard lights, and searched for a better area to stop. Id. ¶ 11. Once she stopped,

Sparano approached Landry’s car and spoke in an abrupt and disrespectful tone. Id. ¶ 12. Landry

was holding a camera to record the interaction. Id. ¶ 13. Sparano reached into Landry’s car and

slapped the camera out of her hand. Id. ¶¶ 14–15. Landry feared she was in danger and drove off

with her car’s hazard lights on. Id. ¶¶ 16, 21. Sparano did not activate his body camera and

dashboard camera as was required. Id. ¶ 71.

Sparano drew his weapon and shot at Landry’s car. Id. ¶ 17. Sparano shot the rear

passenger window of Landry’s car. Id. ¶ 18. Landry heard the gunshot and heard the bullet hit

the window and became more fearful. Id. ¶ 19. Sparano chased Landry for two minutes. Id. ¶ 20.

Landry attempted to call her family; her minor son answered her FaceTime call. Id. After two

minutes, Landry pulled her car over. Id. ¶¶ 20, 22. Sparano parked his car next to hers1 and yelled

“put [your] fucking hands outside the window,” which Landry had already done. Id. ¶ 22. Sparano

approached Landry’s car, grabbed her hair, and punched her head and face while she was in the

driver’s seat. Id. ¶ 28. Sparano dragged Landry out of her car by her hair, which was ripped from

her scalp, while she was still wearing her seatbelt still. Id. ¶¶ 28–29. Landry’s minor son was on

FaceTime and yelled “leave my mother alone.” Id. ¶¶ 28, 30. Sparano threw Landry to the ground,

choking her and punching her head. Id. ¶ 30. Landry’s minor son remained on FaceTime on and

continued to scream and cry while yelling “leave my mother alone.” Id.

Sparano was criminally charged with (1) recklessly endangering another person, (2) simple

assault, and (3) propelling a missile into an occupied vehicle. Id. ¶ 33. On February 3, 2024, a

jury found Sparano guilty on the first two charges and acquitted him on the third. Id.

1 Landry alleges Sparano should have parked his car behind her car to allow his dashboard

camera to record the interactions. Second Am. Compl. ¶¶ 23–24, ECF 21. Portions were captured

by the dashboard and body worn cameras of an officer who came to the scene. Id. ¶ 31.

B. Sparano’s Work History and Hiring

Sparano worked for the Coatesville Police Department for eighteen years, during which

Chief Martinez also served there. Id. ¶ 34. While employed by Coatesville, Sparano experienced

a psychotic breakdown, resulting in him acting violently. Id. ¶ 42. Chief Martinez was present

during this incident. Id. Shortly after, Sparano was terminated for cause from Coatesville, and his

municipal police certification was revoked, rendering him decertified. Id. ¶¶ 44, 55.

In 2013, Sparano applied for a job at the West Caln Township Police Department. During

the hiring process, Chief Martinez and Board of Supervisors member Paul Pfitzenmeyer certified

under penalty of perjury that they were not aware of any misrepresentations in Sparano’s

application and that he had undergone a background check. Id. ¶¶ 58–61. But Sparano’s

application stated that he had resigned from Coatesville and did not address psychological

evaluations in conjunction with his previous employment. West Caln Township, its Board of

Supervisors, and Chief Martinez knew that Sparano was terminated and had mental health issues.

Id. ¶¶ 54, 58. Additionally, neither Chief Martinez nor Pfitzenmeyer required Sparano to undergo

the psychological interview mandated by Pennsylvania before recertification. Id. ¶ 62.

Nonetheless, Sparano regained his certification and was hired as a Sergeant—a supervisory

position—by the West Caln Township Police Department in 2014. Id. ¶¶ 65, 88.2

On July 3, 2019, Sparano and another officer allegedly used unconstitutional force against

two African American men who attempted to record them during a traffic stop, leading to a lawsuit.

Id. ¶¶ 45, 75. The West Caln Defendants knew of the 2019 incident because the Board of

Supervisors receives a report bi-weekly reports on police and legal matters. Id. ¶¶ 66, 76.

2 Landry alleges that Chief Martinez stated he “do[es not] trust any of the officers” in his

department except Officer Fries—the only officer he didn’t hire. Id. ¶ 64. Landry also alleges that

Chief Martinez has stated, “I’m tired of hiring cops who have been fired and giving them second

chances.” Id. ¶ 65.

Nonetheless, Sparano was not disciplined. Id. ¶ 79. In fact, from 2014 to 2024, Sparano’s

appointment as a police officer was renewed annually, despite this history. Id. ¶ 68.

II. PROCEDURAL HISTORY

On October 28, 2024, Landry filed the instant case individually and as a representative of

her minor son in the Court of Common Pleas of Chester County. ECF 1-2. On November 26,

2024, the West Caln Defendants removed the case to this District. ECF 1. All Defendants moved

to dismiss, ECF 4, 9, and the Court granted in part and denied in part these motions with leave to

amend. ECF 15, 16. On March 20, 2025, Landry filed a First Amended Complaint. ECF 21.

Sparano moved to dismiss in part and the West Caln Defendants moved to dismiss in full, ECF

22, 23. The Court granted both motions with leave to amend. ECF 30.

On May 13, 2025, Landry filed a Second Amended Complaint. ECF 32. Landry brings

the following claims: use of excessive force in violation of 42 U.S.C. § 1983 as to Sparano, assault

and battery as to Sparano, intentional infliction of emotional distress as to Sparano, and municipal

liability pursuant to 42 U.S.C. § 1983 for violation of the Fourth Amendment as to the Township,

John Doe in his official capacity, and Chief Martinez in his individual capacity. Id. On June 3,

2025, the West Caln Defendants filed a Motion to Dismiss, which is now before this Court.

III. LEGAL STANDARD

To survive a motion to dismiss under Fed. R. Civ. P. 12(b)(6), a plaintiff’s complaint must

include sufficient facts which, accepted as true, “state a claim to relief that is plausible on its face.”

Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A complaint is insufficient if it suggests

only the “mere possibility of misconduct” or is a “[t]hreadbare recital[ ] of the elements of a cause

of action, supported by mere conclusory statements,” Ashcroft v. Iqbal, 556 U.S. 662, 678–79

(2009) (citing Twombly, 550 U.S. at 555), and so it will not suffice if it is “devoid of further factual

enhancement,” Iqbal, 556 U.S. at 678 (citation omitted). Thus, in considering a motion to dismiss,

the Court accepts all factual allegations as true and views them in a light most favorable to the

plaintiff, Doe v. Univ. of Scis., 961 F.3d 203, 208 (3d Cir. 2020), but may not “assume that [the

plaintiff] can prove facts that it has not alleged[,]” Twombly, 550 U.S. at 563

n.8 (quoting Associated Gen. Contractors of Cal., Inc. v. Carpenters, 459 U.S. 519, 526 (1983)).

IV. DISCUSSION

At issue is Count V, which alleges violations of the Fourth Amendment under 42 U.S.C. §

1983 against the Township, Martinez (in his individual capacity), and John Doe (in his official

capacity). To state a claim under § 1983, a plaintiff must show that the defendant, acting under

color of state law, deprived the plaintiff of a right secured by the Constitution or federal

law. Kaucher v. Cnty. of Bucks, 455 F.3d 418, 423 (3d Cir. 2006).

A. Municipal Liability

Municipal liability requires a policy, practice, or custom that caused the constitutional

violation or that the plaintiff show deliberate indifference. See Monell v. Dep’t of Soc. Servs., 436

U.S. 658, 691–94 (1978). Allegations that are mere restatement of the legal elements of

a Monell claim do not state a claim for relief. Ashcroft v. Iqbal, 556 U.S. at 680; Twombly, 550

U.S. at 570. Because municipal liability often depends on facts beyond the plaintiff’s personal

knowledge, a municipal liability claim “is generally not amenable to resolution at the pleading

stage . . . .” 3909 Realty LLC v. City of Phila., 2021 WL 2342929, at *4 (E.D. Pa. June 8,

2021) (Kenney, J.).

Landry asserts three theories of municipal liability: failure to screen, failure to train, and

failure to discipline and supervise. She pleads facts sufficient to permit her theories of failure to

screen and failure to discipline and supervise to proceed.

i. Failure to Screen

Landry alleges a policy, custom, or practice of hiring police officers, including Sparano,

who were terminated for cause from other police departments. Sec. Am. Compl. ¶¶ 49, 53; see

Bd. of Cnty. Com’rs of Bryan Cnty., Okl. v. Brown, 520 U.S. 397, 410 (1997). “Only where

adequate scrutiny of an applicant’s background would lead a reasonable policymaker to conclude

that the plainly obvious consequence of the decision to hire the applicant would be the deprivation

of a third party’s federally protected right can the official’s failure to adequately scrutinize the

applicant’s background constitute ‘deliberate indifference.’” Id. at 411.

Landry has plausibly pled municipal liability based on a failure to screen theory. Landry

alleges that the West Caln Defendants knew Sparano had been fired, had his certification revoked,

and had a mental health breakdown leading to these events. Nonetheless, the West Caln

Defendants approved Landry’s recertification, failed to put him through the psychological

evaluation required for recertification, and placed him in a supervisory role. Second Am. Compl.

¶¶ 55–59, 62. Chief Martinez’s alleged statements that he did not trust any officers he hired and

was “tired of hiring cops who have been fired” further plausibly pleads a policy, custom, or practice

and/or deliberate indifference regarding hiring police officers terminated for cause from other

police departments. Id. ¶¶ 64–65. Together, these plausibly plead a failure to screen theory of

municipal liability. See Durham v. City of Phila., 2020 WL 6940021, at *2 (E.D. Pa. Nov. 25,

2020) (Kearney, J.).3

3 At this stage of the litigation, denial of the Motion to Dismiss Count V based on a failure

to screen theory of municipal liability is appropriate since “common sense suggests that the

relevant facts are largely within control of the” West Caln Defendants. Harvey v. Cty. of Hudson,

2015 WL 9687862, at *10 (D.N.J. Nov. 25, 2015); see 3909 Realty LLC v. City of Phila., 2021

WL 2342929, at *4 (E.D. Pa. June 8, 2021) (Kenney, J.).

ii. Failure to Train

Landry alleges that the West Caln Defendants failed to train officers on legal traffic stops,

the rights of individuals to record exchanges with police, and the use of force, and that this failure

amounted to deliberate indifference. Second Am. Compl. ¶¶ 85, 90. While Landry alleges the

Township failed to seek “police management and training” assistance from the state, Landry fails

to plead that her alleged constitutional injuries were a highly predictable consequence, Kline ex

rel. Arndt v. Mansfield, 255 F. App’x 624, 629 (3d Cir. 2007) (non-precedential), or allege “how

the [Police Department] training programs were deficient” on these topics. Ekwunife v. City of

Phila., 245 F. Supp. 3d 660, 676 (E.D. Pa. 2017) (Robreno, J.), aff’d, 756 F. App’x 165 (3d Cir.

2018) (non-precedential). Otherwise, Landry’s Second Amended Complaint contains only

conclusory allegations which fail to state a claim. Landry’s failure to train theory is dismissed.

iii. Failure to Supervise and Discipline

Landry asserts that the West Caln Defendants failed to discipline or supervise officers

including Sparano, enabling future misconduct. Sec. Am. Compl. ¶¶ 79–80. While the burden to

show deliberate indifference is high in the absence of a pattern of misconduct, liability may attach

when the prior incident closely resembles the one at issue and involves the same person. See

McDaniels v. City of Phila., 234 F. Supp. 3d 637, 645 (E.D. Pa. 2017) (Rufe, J.). Landry has

plausibly pled such circumstances here.

Sparano’s alleged July 2019 conduct, which the West Caln Defendants knew of, did not

result in discipline. The facts of the instant case are sufficiently similar to those of the July 2019

incident involving alleged excessive force during a traffic stop and in response to African

American individuals filming a police interaction. Landry has plausibly pled that her alleged

constitutional violations were caused by a failure to discipline and supervise officers that

reasonably could reflect deliberate indifference. Forrest v. Parry, 930 F.3d 93, 105 (3d Cir. 2019);

see Reitz v. Cty. of Bucks, 125 F.3d 139, 145 (3d Cir. 1997).

B. Claim Against Chief Martinez

A supervisor incurs Section 1983 liability in connection with the actions of another only if

he or she had “personal involvement in the alleged wrongs.” Rode v. Dellarciprete, 845 F.2d 1195,

1207 (3d Cir. 1988) (citing Parratt v. Taylor, 451 U.S. 527, 537 n. 3 (1981)). A supervisor may

be individually liable under § 1983 if he “participated in violating the plaintiff's rights, directed

others to violate them, or, as the person in charge, had knowledge of and acquiesced in his

subordinate’ violations.” A.M. ex rel. J.M.K. v. Luzerne Cnty. Juv. Det. Ctr., 372 F.3d 572, 586

(3d Cir. 2004) (citing Baker v. Monroe T’ship, 50 F.3d 1186, 1190–91 (3d Cir. 1995).

Landry fails to plausibly plead Chief Martinez’s personal involvement in Sparano’s alleged

violations of Landry’s constitutional rights. Landry alleges that after Sparano applied for a job at

the West Caln Township Police Department, Chief Martinez certified under penalty of perjury that

he was unaware of misrepresentations in Sparano’s application even though his application stated

that he had resigned from the Coatesville Police Department and Chief Martinez knew this was

not true, and recertified Sparano without putting Sparano through the psychological evaluation

required by state law. Second Am. Compl. ¶¶ 58–61, 65, 88. While concerning, none of these

allegations plausibly plead that Chief Martinez participated in Landry’s traffic stop, directed

Sparano to violate Landry’s constitutional rights during the traffic stop, or had “knowledge of and

acquiesced in” Sparano’s unconstitutional conduct during the traffic stop. Barkes v. First Corr.

Med., Inc., 766 F.3d 307, 316 (3d Cir. 2014), rev’d on other grounds sub nom., Taylor v. Barkes,

575 U.S. 822 (2015). Thus, while Landry argues Chief Martinez was personally involved because

he facilitated Sparano’s recertification, this does not plausibly plead Chief Martinez’s personal

involvement in the alleged constitutional violation itself. See Robinson v. City of Pittsburgh, 120

F.3d 1286, 1293–95 (3d Cir. 1997), abrogated in part on other grounds by, Burlington N. & Santa

Fe Ry. Co. v. White, 548 U.S. 53 (2006). Count V against Chief Martinez is dismissed.

V. CONCLUSION

For the reasons stated herein, Defendants’ Motion to Dismiss is GRANTED in part and

DENIED in part.4 An appropriate order follows.

\\adu.dcn\paed\PHL-DATA\Judge_Baylson\CIVIL 24\24-6315 Landry v West Cain Twp\24-6315 Memo on Motion to Dismiss 2d Am

Compl..docx

4 The Court declines to grant Landry leave to file a Third Amended Complaint. Fed. R.

Civ. P. 15(a)(2) gives courts the discretion to deny leave based on, among other things, repeated

failure to cure deficiencies by previous amendments. Mullin v. Balicki, 875 F.3d 140, 149 (3d

Cir. 2017). After carefully considering the pleadings and procedural history, this Court concludes

that dismissal of the failure to train theory of municipal liability and claims against Chief Martinez

are appropriate “pursuant to [the Court’s] inherent authority to manage its docket” and based on

Landry’s repeated failure to cure deficiencies in her allegations. Lee v. Krieg, 227 F. App’x 146,

148 (3d Cir. 2007) (non-precedential).

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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