Tarapchak v. Lackawanna County
Tarapchak v. Lackawanna County
Opinion of the Court
MEMORANDUM.
' Arrested persons awaiting trial are entitled to due process whether they are detained in prison or released on bail. If the state has probable cause to believe a person violated terms of house arrest on bail, it can investigate and recommend charges for bail violations. We now face an apparent wrinkle where Lackawanna County allows its Director of House Arrest, accompanied by a corrections officer, to hold a prison hallway “hearing” to interrogate a person allegedly violating a house arrest condition without counsel. Following this.hallway hearing, the Director then recommends a term of detention to a judicial officer' pending trial. Pennsylvania Law requires a judicial hearing within seventy-two (72)-hours of a re-arrest for a bail violation. As such,' you would think the statutory judicial hearing, at the latest, should be held within seventy-two (72) hours of the House Arrest Director’s prison hearing. When, as here, a person suspected of a bail violation is interrogated by the House Arrest Director and then served over 160 days in prison on the bail violation without a judicial hearing, something has gone wrong. Setting aside a wide variety of pro se prolix claims which lack merit
I. Relevant facts alleged in the second amended complaint.
Plaintiff Stephanie Tarapchak is imprisoned at the Lackawanna County Prison arising from the Commonwealth of Pennsylvania’s criminal chargeá stemming from the operation of her medical practice.
Conduct in the Court of Common Pleas and County Prison.
On April 28/2014, Defendant Lackawan-na County Judge Geroulo reduced Tarapc-hak’s bail to $25,000, of which she posted ten percent (10%).
On October 23, 2014, Tarapchak appeared at the House Arrest facility to explain why her house arrest monitoring equipment indicated she violated the conditions of the house arrest program the previous' evening.
On October 24, 2014, Director Lynn, along with correctional officer Kelly, held a formal misconduct hearing, which Tarapc-hak alleges is a secret Lackawanna County procedure used to hold .inmates without giving them a hearing on the bench warrant issued for their arrest.
On October 24, 2014, the Attorney Gén-eral’s office faxed a motion to revoke Ta-rapchak’s bail to her criminal- attorney Defendant Joseph Kalinowski, as well as Judge Geroulo.
Judge Geroulo scheduled a November 7, 2014 hearing on the Attorney General’s motion to revoke bail.
On January 23, 2015, Judge Geroulo granted Attorney Kalinowski’s motion to withdraw and further recused himself because Tarapchak sued the Lackawanna County Prison and the Prison Board, on Which Judge-Geroulo sits.
On February 4, 2015, Defendant Judge Michael Barrasse replaced Judge Geroulo as presiding judge in Tarapchak’s criminal ease, while she remained in prison on Defendant Lynn’s recommendation.
At the April 10, 2015 hearing, Judge Barrasse hear d argument on the ómnibus pretrial motion and also addressed whether Tarapchak received a hearing under Pennsylvania Rule 150(A)(5)(b).
On July 6, 2015, Plaintiff Joseph Pilche-sky, purportedly acting as Tarapchak’s “next friend” filed a civil petition for habe-as corpus relief in the Lackawanna County Court of Common Pleas.
On September 15, 2015, Pilchesky, again as Tarapchak’s purported “next friend”, moved to remove Attorney Brown as Ta-rapchak’s appointed criminal counsel alleging “dishonest, unethical, and unprofessional conduct,”
Tarapchak’s criminal trial began a week later on September 22, 2015 with Defendant Judge John Braxton presiding over the trial.
Tarapchak seeks relief in this Court.
Tarapchak originally filed a federal civil rights complaint on March 31, 2015.
On October 27, 2015, the Clerk of this Court opened the new civil action and filed the original complaint.
Expressing concern over non-lawyer Pil-chesky’s “next friend” status, we entered a show cause order requiring Pilchesky to “detail[] the legal basis for his ability to act as a representative for injuries ... to Plaintiff Tarapchak[.]”
II. Analysis
Plaintiffs Tarapchak and Pilchesky (both as “next Mend” and individually) bring this federal civil rights' action under 42 U.S.C. §§ 1983, 1985, and 1986 alleging certain Defendants violated the Fourth, Fifth, and Fourteenth Amendments, while also conspiring with other Defendants to violate these rights. Tarapchak’s main claim is one or more Defendants illegally detained her without a statutorily required hearing within seventy-two (72) hours after violating one of the conditions of house arrest as a bail condition. Tarapchak alleges she did not receive a bench warrant hearing, at the very earliest, until April 10, 2015, approximately 160 days after her reincarceration. Due to failing to timely give her a hearing, she alleges she was entitled to immediate release. With her October 6, 2015 conviction and detainer, her argument is admittedly moot and she now seeks money damages for false arrest and imprisonment, as well as equal protection and due process violations.
Defendants argue Tarapchak and Pil-chesky’s excessively prolix complaint fails for myriad reasons. First, Defendants argue all the claims are barred by the favorable termination rule announced by the United States Supreme Court in Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). Defendants also contend we lack subject-matter jurisdiction over Tarapchak’s claims under the Rook-er-Feldman doctrine. Defendants argue the conspiracy claims are subject to dismissal for fading to allege the existence of a conspiracy with particularity. Various Defendants move to dismiss on immunity grounds: Judges Geroülo, Barrasse, and Braxton (the “Judicial Defendants”), Attorney General Kane and Deputy Attorney General LaBar, and House Arrest Director Lynn. Finally, Lackawanna County argues Tarapchak fails to plead a viable municipal liability claim, while Defendant Warden McMillan argues Tarapchak fails to plead his involvement in any of the conduct alleged.
A. The Second Amended Complaint violates Rule 8(a)(2).
Federal Rule of Civil Procedure 8(a)(2) requires a “short and plain statement of the claim showing that the pleader is entitled to relief.” The Second Amended Complaint is nowhere near a “short and plain statement”. Our court of appeals has repeatedly affirmed district courts’ dismissal of overly verbose, unintelligible complaints in violation of Rule 8.
The Second Amended Complaint is unwieldy with -702 paragraphs spread out over 136 pages. It is largely repetitive and has only grown more so in its third iteration. But striking the Second Amended Complaint will only delay resolution as we recognize striking the complaint for a Rule 8 violation and then directing a pro se plaintiff to file again would only serve to “unnecessarily proliferate the pleading stage and postpone a trial on the merits [,]”
B. The Judicial Defendants are entitled to judicial immunity.
Tarapchak alleges the Judicial Defendants Judges Geroulo, Barrasse, and
Absolute judicial immunity shields the Judicial Defendants from suit for monetary damages arising from their judicial acts.
Tarapchak accuses the Judicial Defendants of silently conspiring with other actors in refusing to give her a bail hearing in October 2014 and for months thereafter. Specifically, she argues Judge Geroulo knew at the November 7, 2014 hearing Tarapchak had not received her bench warrant .hearing and remained silent.
Pilchesky then filed a civil habeas petition in state court, which was reassigned to Judge Barrasse as the presiding criminal judge.
Tarapchak argues the Judicial Defendants are not entitled to immunity because she is suing them for a conspiracy under §§ 1985 & 1986, as-opposed to § 1983.- She is wrong as immunity attaches when the judicial act is taken in furtherance of an alleged conspiracy.
The claims against the Judicial Defendants Judges Geroulo, Barrasse, and Brax-ton are dismissed with prejudice.
C. Tarapchak fails to allege facts of a conspiracy.
Tarapchak- pleads fifteen (15) counts of conspiracy against Defendants under 42 U.S.C. §§ 1985, 1986. Section 1985(3) provides a cause of action against those who conspire “for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws [.]” Section 1985(2) provides a cause of action against those who conspire “for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws [,]”
Tarapchak’s myriad conspiracy claims must also fail because she cannot plead facts plausibly evidencing a conspiracy. She must allege (1) a conspiracy; (2) motivated by racial or class-based discrimi
Here, Tarapchak’s third attempt at pleading a conspiracy among all sides to a court proceeding provides nothing more than conclusory and speculative allegations. While we recognize she cannot know the secretive agreements and winks and nods which often evidence some understanding, she fails to plead any form of an “actual agreement among the co-conspirators or ‘meeting of the minds.’ ”
But “[i]t is not enough that the end result of the parties’ independent com duct caused plaintiff harm or even .that the alleged perpetrators of the harm acted in conscious parallelism.”
A § 1986 claim is based on a knowing failure to prevent violations of
D. Tarapchak’s remaining claims are properly brought as a civil rights action.
At its core, Tarapchak’s claims challenge t he over 160 days of pretrial detention based on a bail violation without the statutorily-mandated hearing before a judge. This issue requires we answer the unclear question of whether her complaint sounds in habeas or as a civil rights action. The answer i s of “practical importance” as a § 1983 plaintiff need not exhaust a civil rights claim in a state forum because Tarapchak has not begun the exhaustion process in state court as yet.
According to the Supreme Court, “the essence of habeas corpus is an attack by a person in custody upon the legality of that custody, and that the traditional function of the writ is to secure release from illegal custody.”
None of the parties discussed whether these claims are properly brought as a civil
Following the state court’s jury’s conviction and Judge Braxton’s sentence, “the issue as to the legality of h[er], continued pretrial detention has been mooted, and it therefore becomes unnecessary to resolve the constitutional issues presented” in a pretrial habeas petition.
Her due process claims relating to Defendant Lynn’s October 24, 2014 recommendation and eventual months in prison without a hearing are properly before the Court. The question is whether Tarapchak has sued the correct party in this Court.
E. Section 1983 direct liability claims against the County, Lynn and McMillan.
Tarapchak brings direct claims under § 1983 against Lackawanna County, Patrick Lynn, and Prison - Warden Robert McMillan. Section 1983 does not provide substantive rights, but rather a remedy for violation of a person’s constitutional rights.
1. Heck v. Humphrey bars Tarapchak’s claims challenging the validity of her conviction.
Defendants move to dismiss Tarapchak’s civil rights claims as barred by favorable termination rule in Heck v. Humphrey,
Following Heck, we must consider whether Tarapchak’s success on her § 1983 claims would necessarily imply the invalidity of her conviction or sentence.
Defendants argue Tarapchak is attempting to undermine the validity of her October 2015 state court conviction through this suit. We find support for this argument in the- Second Amended Complaint. For example, Tarapchak consistently refers to a “rigged trial” or Defendants’ persistence in “ensur[ing] a conviction.”
“A criminal defendant tried by a partial judge is entitled to have his conviction set aside, no matter how strong the evidence against him;”
2. The Rooker-Feldman doctrine does not bar Tarapchak’s civil rights claims for the pretrial detention without a hearing.
The Rooker-Feldman doctrine derives from two United States Supreme
In Great Western, our court of appeals did not apply Rooker-Feldman in a case involving. complaints of a conspiracy between the federal defendants and state judges to provide the defendants with favorable rulings in- a prior state court action.
Today, we review a factually similar scenario' to Great Western. Defendants argue Tarapchak’s claims are based on their participation in the conspiracy to deprive Tarapchak of due process, liberty, and fair trial rights by keeping her incarcerated and unable to prepare her defense even in the face of a rigged trial. The
We find Tarapchak’s complaint is more similar to Great Western. Tarapchak is complaining of the alleged conspiratorial acts which led to a judgment being entered against her, but her injuries stem from the conspiracy rather than the judgment itself. Thus, Rooker-Feldman cannot divest this Court of subject-matter jurisdiction or else “ ‘there would be no federal remedy for a violation of federal rights whenever the violator so far succeeded in corrupting the state judicial process as to obtain a favorable judgment.’”
3. Tarapchak cannot state a Fifth Amendment claim.
Tarapchak brings claims for Fifth Amendment violations against Director Lynn and Warden McMillan. Both of these Defendants are state actors and the Fifth Amendment does not restrict their actions as it only limits federal government action.
4. Tarapchak cannot state an Equal Protection claim.
Tarapchak alleges a Fourteenth Amendment Equal Protection Clause violation -by Warden McMillan and Lackawanna County. The Equal Protection Clause of the Fourteenth Amendment provides no state shall “deny to any person within its jurisdiction the equal protection of the laws.”
Tarapchak failed to plead any facts of purposeful discrimination against her. She has not alleged a Defendant treated her differently Than any similarly situated individual. To the contrary,' she alleges this conduct is part of a failure to train affecting more than just her. She cannot state an equal protection claim and we dismiss Count XIV with prejudice. •
5. Tarapchak’s conditions of prison confinement claim fail under both the Eighth and Fourteenth Amendments.
Tarapchak sues Warden McMillan and Lackawanna County for cruel and unusual punishment under the Eighth Amendment for her incarceration' from January 2, 2014 to May 2, 2014 and from October 23, 2014 through October 5, 2Ó15.
The Fourteenth Amendment applies to pretrial detainees. We must consider whether the -conditions “amount to punishment prior to an adjudication of guilt in accordance with law.”
Tarapchak alleges thirty-six (36) separate conditions allegedly violating her constitutional rights.
Warden McMillan argues these claims fail because Tarapchak failed to: 1) plead his personal involvement, direction, or acquiescence in any of the alleged conduct; and 2) exhaust her administrative remedies under the Prison Litigation Reform Act, 42 U.S.C. § 1997e (“PLRA”).
Section 1983 liability cannot be based on a theory of respondent superi- or.
Similarly, we dismiss Lackawanna County in the conditions of confinement claim. Tarapchak does not, and cannot, plead a respondent superior theory of municipal liability.
A municipality may only be held liable where the injury-inflicted is “permitted under its adopted .policy or custom.”
A plaintiff must establish a policy or custom which was the “moving force” behind the constitutional violation.
Tarapchak’s Second Amended Complaint is devoid of facts concerning a policy or custom implemented by Lackawanna County which served as the moving force behind her . alleged constitutionally
6. Tarapchak fails to state a. Fifth, or Sixth Amendment claim for viola: tions of her right to counsel or .failure to provide Miranda
In passing, Tarapchak alleges' a Sixth Amendment violation of her right to counsel during her October 23-24, 2014 interaction with Director Lynn at the prison.
Under the Sixth Amendment, “[i]n all prosecutions," the accused shall enjoy the right... to have the Assistance of Counsel for his defence.”
While the Fifth Amendment, applicable tq the states through the Fourteenth Amendment, does not contain an explicit. right to counsel similar to the Sixth Amendment, it does provide no person “shall be compelled in. any criminal case to be' a witness against himself [.]”
We find any fleeting claim" of a Fifth or Sixth Amendment violation to be flawed. First, we are not convinced the Sixth Amendment right to counsél attached to Tarapchak’s interaction with Director Lynn at the prison. Director Lynn’s alleged interrogation had nothing' to do with" the charges leading to her October 2015 conviction and March 2016 sentencing. Tarapchak does not allege facts evi-deiicing Director Lynn asked questions whosé answers could have been used at trial for the underlying criminal charges. Director Lynn allegedly questioned Ta-rapchak regarding her alleged bail violation, which while arguably relatéd to her pending criminal charges, was conduct for
Tarapchak’s allegations are more similar to a fact scenario where the Fifth Amendment is implicated. Our5'resolution of the issue is simpler than the Sixth Amendment issue. Tarapchak alleges Director Lynn interrogated her while she was in custody, and after she requested counsel. But there are no allegations she ever made a statement introduced at her criminal trial or her April 10, 2015 hearing which could have violated her right to-be free from self-incrimination. In other words, even assuming technical violations of the procedural safeguards ensured by Miranda, no one used “coerced statements during [her] criminal trial” and thus, there could be no Fifth Amendment violation.
Again, Tarapchak includes no. specific count claiming such a violation but to the extent she is seeking to recover for violations of her Fifth or Sixth Amendment right to counsel, such claims are dismissed.
7. Tarapchak fails to state a Fourteenth Amendment claim for pretrial detention against Warden McMillan but pleads enough facts to state this claim against Director Lynn and the County.
Tarapchak alleges Lackawanna County, Warden McMillan and Director Lynn violated her due process rights by detaining her for an alleged bail violation without providing her a timely bench warrant hearing under Pennsylvania Rule of Criminal Procedure 150(A)(5)(b). The Fourteenth Amendment forbids state actors from depriving persons ¡of life, liberty, or property without due process of law.
We initially determine whether Tarapchak’s “asserted individual interest ... [is] encompassed within the Fourteenth Amendment’s protection of like, liberty, or property.”
Warden McMillan lacks personal involvement.
As above, Tarapchak fails to allege facts of Warden McMillan’s personal involvement, direction of Lynn’s action, or acquiescence in conduct amounting to a
Director Lynn may be liable for his participation in the due . process detention claim.
Director Lynn argues he is entitled to absolute immunity for his “adjudicatory determinations” which include removing Tarapchak from the house arrest program and convening a misconduct hearing at the prison.
Officers are entitled to quasi-judicial immunity when “engaged in adjudicatory duties.”
The issue is whether Director Lynn’s actions, fail within “adjudicatory duties” or if his recommendations during and after the hallway hearing were “purely mandatory ... without any discretion involved.”
Because we cannot dismiss him on immunity question, we must determine whether he acted to. deprive Tarapchak of her.constitutional.right to liberty without due process of law. Given the facts alleged in the Second Amended Complaint, we find Tarapchak states a Fourteenth Amendment due process claim against Director Lynn based solely on the pretrial detention without a hearing. Tarapchak alleges Director Lynn is the individual who remanded Tarapchak to Lackawanna County Prison. He began the process and, as- the Director, is personally involved in the hallway hearing and written recommendation to a judge. There is at least one question requiring discovery on Director Lynn’s actions after his hallway hearing while Tarapchak .sat in prison awaiting her statutorily mandated hearing. We are not presently aware, of whether Director Lynn’s role stops at the recommendation and he can then walk away without ensuring a judicial hearing on his recommendation. Tarapchak pleads Director Lynn’s direct involvement in the decision to keep Tarapchak in the prison until she received a hearing. He made this decision either exercising discretion or as a ministerial mandate. At this stage, Director Lynn’s direct involvement makes him a proper party for this elaim.
Monell liability on the due process claim for the County.
Lackawanna County argues Tarapchak fails to plead its Monell liability for the due process claim arising from the delayed statutory hearing because: 1) there is no separate Monell: count; and 2) Tarapchak fails to allege facts to support a failure .to train theory.
The first reason is unpersuasive as we construe Tarapchak’s pro se complaint liberally and she pleads the County’s involvement throughout the Second Amended Complaint.
Tarapchak could plead Monell liability under either a “custom or practice” or “failure to train” theory.
“To satisfy the first element of a Monell claim, ‘plaintiff must show that an official
The issue is then whether Tarapchak pleads a “failure to train” claim. She may plead a “failure to” claim where the County’s failure “amounts to deliberate indifference to the rights of persons with whom the police come into contact.”
Tarapchak has not plead a “pattern of violations” ordinarily necessary for a “failure to train” claim. But a “failure to train” claim can be premised on a single incident rather than a pattern of violations.
We find, based solely on the required deference to the allegations in the Second Amended Complaint, Tarapchak sufficiently pled facts demonstrating absence of any “protective measures” or “fail safes” to prevent persons like Tarapchak from being incarcerated for prolonged period of time without the statutorily mandated hearing before a judicial officer. Such a situation hews towards the fact scenario in Berg. Without proper measures to ensure those brought in on a bench warrant receive a timely statutory hearing before a judicial officer, it could be a “highly predictable consequence” they will be deprived of their due process rights in violation of the United States Constitution and sit in jail awaiting such a hearing. We can fairly expect Director Lynn to deal with those individuals who allegedly violate a bail house arrest condition and are remanded to custody have occurred and will continue in his course of duties. Without proper training, these persons may suffer constitutional violations.
We recognize Tarapchak also pleads delays caused by her litigation tactics but, based on our deference to the Second Amended Complaint, she has pled a plausible Monell claim against Lackawanna County for failing to train on the need for the timely statutorily-mandated hearing on the house arrest/bail condition violation before a judicial officer, not Director Lynn and a corrections officer.
8. Tarapchak’s Fourth Amendment claims of false arrest fails.
Tarapchak also sues Director Lynn, Warden McMillan, and Lackawanna County for Fourth Amendment false arrest/false imprisonment claims against
“‘False arrest and false imprisonment are essentially the same claim ...,’ ”
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants, shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.198
The Fourth Amendment prohibits officers from arresting a citizen without probable cause or without privilege to do so.
We dismiss Warden McMillan from this claim. After three attempts, Ta-
Tarapchak alleges “Patrick Lynn was not a law enforcement officer and did not have legal authority to arrest Dr. Tarapchak on the morning of October 23, 2014.”
It is established in this Circuit “action taken pursuant to a facially valid court order receives absolute immunity from § 1983 lawsuits for damages.”
As there is no constitutional false 'arrest/false imprisonment claim, we also dismiss the County from any possible Monell liability on this' claim; These claims are dismissed with prejudice.
F. Pilchesky’s claims fail
Pilchesky alleges Judges Barrasse and Brhxton violated his rights to have a hearing on his unauthorized “Motion to Supplement” Attorney Brown filed in Tarape-hak’s criminal matter; Pilchesky provided no citation to case law and we have found no such case delineating a third party’s right to be heard on an improperly filed motion to supplement counsel.
As we discussed above, Judges Barrasse and Braxton are immune. from this .suit.
Pilchesky’s claims also fail to state a constitutional claim even if the Judges are subject to suit. Pilchesky alleges Judge Braxton violated his rights by denying his improperly filed motion to continue sentencing. Again we are aware of no right held by a third party to-file motions on behalf of a criminal defendant. Judge Bar-rasse previously denied Pilchesky’s “next friend” bid. Pilchesky had no authority to file motions.
Pilchesky’s claim is dismissed as there is no constitutional violátion. Because there is no underlying constitutional violation, Pilchesky’s conspiracy ■ claim is also dismissed.
III. Conclusion
We dismiss Tarapchak’s unfounded conspiracy claims and most of her constitutional claims as failing to state a claim. Given our deference to the allegations in her pro se Second Amended Complaint, and the plead facts raising issues regard
■ In the accompanying Order, we grant Tarapchak another chance to plead a short and plain statement of this remaining claim against Lackawanna County and Director Lynn under Fed.R.Civ.P. 8. We then expect the parties’ cooperative discovery, mindful of obligations under Fed. R.Civ.P. 1, will inform our further deliberations.
. (ECF Doc. No. 57, at ¶ 17.)
. (Id. at ¶ 20.)
. (Id. at % 21.)
. (Id. Ex. A,)
. (id.)
. (Id. at ¶ 25.)
. (Id. at ¶ 26.)
. (Id. at ¶ 27.)
. (Id.)
. (Id. at ¶ 28; Ex. B.)
. (¶ at ¶ 39; Ex. D.)
. (Id. at ¶ 37.)
. (ECF Doc. No. 95-1 (Criminal Docket of Commonwealth v. Stephanie Tarapchak, CP-35-CR-0000550-2014).)
. (ECF Doc. ’No. 57, at ¶ 50.)
. (Id.)
. (Id.)
. (Id. ati51.)
. • (Id. at ¶ 52.)
. (Id. atH53.)
. (Id. at ¶ 54.)
. (Id. at 11 55.)
. Pennsylvania Rule of Criminal Procedure 150(A)(5)(b) provides:
(A) In a court case when a bench warrant is executed, the case is to proceed in accordance with the following procedures.
(5) The bench warrant hearing shall be conducted without unnecessary delay after the individual is lodged in the jail of the county of issuance on that bench warrant.
(a) When the bench warrant is issued by the supervising judge of a "multi-county” investigating grand jury, the individual shall be detained only until the supervising judge is available to conduct the bench warrant hearing.
(b) In all other cases, the individual shall not be detained without a bench warrant hearing on that bench warrant longer than 72 hours, or the close of the next business day if the 72 hours expires on a non-business day.
. (ECF Doc. No. 1; Ex. G at 11-13.)
. (Id. at Ex. G, at 11.)
. (Id. at 13.)
. (Id.)
. (Id.)
. (Id.)
. (ECF Doc. No. 57, at ¶ 56.)
. (ECF Doc. No. 1, at 225; ECF Doc. No. 57, at ¶ 15, lll(p).)
. (ECF Doc. No. 57, at ¶ lll(s).)
. (ECF Doc. No. 1, at 235.)
. {Id.)
. (ECF Doc. No. 57, at ¶ 60.)
. {Id. at ¶ 62.)
. (Id. at ¶ 63.)
. (Id. at ¶ 66.)
. (ECF Doc. No. 1, at 4il.)
. (ECF Doc. No. 57, at ¶ 68.)
. (Id. aU70.)
. Commonwealth v. Tarapchak, CP-35-CR-550-2014, Order Entered Mar, 10, 2016.
.. (ECF. Doc. No. 2)
. (Id.)
. (Id.)
. (Id.)
. .(ECF Doc, No. 1.)
. (Id.)
. (ECF Doc. No. 3.)
. (ECF Doc. No. 57.)
. (Id.)'
. (ECF Doc. No. 59.)
. (ECF Doc. Nos. 75, 79-81.)
. (ECF Doc. No. 90.)
. A motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure for a failure to state a claim Upon which relief can be granted examines the sufficiency of the complaint. Conley.v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). Federal Rule of Civil Procedure 8(a)(2) requires plaintiffs set forth "a short and plain statement of the claim,” which gives the defendant " ‘fair notice of what the ... claim is and the grounds upon which it rests.' ” Connelly v. Lane Construction Corp., 809 F.3d 780, 786 (3d Cir. 2016) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)) (alteration in original). The complaint need not contain " "detailed factual allegations” but rather “sufficient factual matter to show that the claim is facially plausible, thus' enabling the court to draw the reasonable inference that the defendant is liable for [the] misconduct alleged." Warren Gen. Hosp. v. Amgen, Inc., 643 F.3d 77, 84 (3d Cir. 2011) (internal quotations omitted). “The plausibility standard is not akin to a ‘probability requirement,’ but it asks for more than a sheer possibility that a defendant has acted unlawfully.'’ Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955). When considering a motion to dismiss pursuant to Rule 12(b)(6), we “consider only the complaint, exhibits attached to the complaint, [and] matters of public record, as well as undisputedly authentic documents if the 'complainant’s claims are based upon these documents.” Mayer v. Belichick, 605 F.3d 223, 230 (3d Cir. 2010) (alteration in the original) (citing Pension Benefit Guar. Corp. v. White Consol. Indus., Inc., 998 F.2d 1192, 1196 (3d Cir. 1993)). We must “accept all the factual allegations as true [and] construe the complaint in the light most favorable to the plaintiff.” Warren Gen. Hosp., 643 F.3d at 84 (alteration in original) (citing Pinker v. Roche Holdings Ltd., 292 F.3d 361, 374 n. 7 (3d Cir. 2002)). In the end, we will dismiss a complaint if the factual allegations in the complaint are not sufficient T' ‘to raise a right to relief above the speculative level.’ ” West Run Student Hous. Assocs., LLC v. Huntington Nat’l Bank, 712 F.3d 165, 169 (3d Cir. 2013) (quoting Twombly, 550 U.S. at 555, 127 S.Ct. 1955).
. See Washington v. Warden SCI-Greene, 608 Fed.Appx. 49, 51-52 (3d Cir. 2015); Stephanatos v. Cohen, 236 Fed.Appx. 785, 787 (3d Cir. 2007); In re Westinghouse Sec. Litig., 90 F.3d 696, 702-04 (3d Cir. 1996).
. See 5 Charles Alan Wright & Arthur R. Miller, Federal Practice & Procedure § 1281 (3d ed.)
.Tarapchak sued United States Magistrate Judge Joseph F. Saporito, Jr. The United States of America filed a Statement of Interest on behalf of Judge Saporito arguing he is entitled to an immunity defense. Plaintiffs offered no response and at oral argument consented to his dismissal. We dismissed Judge Saporito on March 1, 2016. (ECF Doc.' No. 109)
. See Stump v. Sparkman, 435 U.S. 349, 355-56, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978); Gallas v. Supreme Court of Pa., 211 F.3d 760, 768-72 (3d Cir. 2000) ("The Supreme Court long has recognized that judges are immune from suit under section 1983 for monetary damages arising from their judicial acts.'').
. Mireles v. Waco, 502 U.S. 9, 11-12, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991).
. Gallas, 211 F.3d at 769 (quoting Stump, 435 U.S. at 359, 98 S.Ct. 1099).
. Id. (citing Cleavinger v. Saxner, 474 U.S. 193, 199-200, 106 S.Ct. 496, 88 L.Ed.2d 507 (1985)).
.Id.
. (ECF Doc. No. 57, at ¶¶ 233-38)
. {Id. atHlll(j))
. (Id. at 11 111(k))
. (Id.)
. (Id. At ¶ HI (n), (p))
. (Id. at ¶ 111 (x))
. (Id. at ¶ 269)
. (Id. at ¶ 271)
: (Id. at ¶ 273)
. (Id. at ¶¶ 275-77)
. See Harvey v. Loftus, 505 Fed.Appx. 87, 90 (3d Cir. 2012) (affirming dismissal conspiracy claim on judicial immunity grounds); Stankowski v. Farley, 251 Fed.Appx, 743, 746 (3d Cir. 2007); Panayotides v. Rabenold, 35 F.Supp.2d 411, 414-16 (E.D.Pa. 1999) (dismissing claims against judges whose acts were part of conspiracy).
. Tarapchak and Pilchesky consented to the dismissal of United States Magistrate Judge Joseph F. Saporito, Jr. on March 1, 2016. (ECF Doc. No. 109). They refused to apply the similar arguments and consistently dismiss the Judicial Defendants.
. The first clause of 1985(2) applies to federal actors and not applicable,
. Farber v. City of Paterson, 440 F.3d 131, 135 (3d Cir. 2006) (citing Griffin v. Breckenridge, 403 U.S. 88, 102, 91 S.Ct. 1790, 29 L.Ed.2d 338 (1971)); Andela v. Admin. Office of U.S. Courts, 569 Fed.Appx. 80, 84 (3d Cir. 2014) (citing Brower v. Horowitz, 535 F.2d 830, 839 (3d Cir. 1976) (dismissing conspiracy claim based on deprivation of fair trial rights); Breslin v. Brainard, No. 01-7269, 2002 WL 31513425, *9 (E.D.Pa. Nov. 1, 2002) (dismissing § 1985(2) “[bjecause plaintiff makes no allegation of racial or class based discrimination").
.To the extent Tarapchak is alleging Defendants conspired against her due to her political affiliation or activity — which she references throughout the complaint — this is not a protected classification under § 1985. See Farber, 440 F.3d at 143 (finding § 1985(3) "does not provide a cause of action for individuals allegedly injured by conspiracies motivated by discriminatory animus directed toward their political affiliation”).
. See Farber, 440 F.3d at 134,
. DeJohn v. Temple Univ., No. 06-778, 2006 WL 2623274, *5 (E.D.Fa. Sept. 11, 2006) (citations omitted).
. Spencer v. Steinman, 968 F.Supp. 1011, 1020 (E.D.Pa. 1997).
. Loftus v. SEPTA, 843 F.Supp. 981, 987 (E.D.Pa. 1994).
. Humphreys v. PPL Elec. Utils. Corp., No. 12-4334, 2014 WL 5503201, *2 (E.D.Pa. Oct. 31, 2014) (quoting Startzell v. City of Phila., 533 F.3d 183, 205 (3d Cir. 2008) (citation omitted)).
. (ECF Doc. No. 57, at ¶ 90.)
. (14. at ¶ 275.)
. Catala v. Martine, Na 15-772, 2015 WL 7776631, *4 (M.D.Pa. Dec. 3, 2015) (citing Spencer, 968 F.Supp. at 1020).
. DeJohn, 2006 WL 2623274, at *4; see also Rosembert v. Borough of East Lansdowne, 14 F.Supp.3d 631, 647-48 (E.D.Pa. 2014) (‘Alack of agreement is fatal to the conspiracy claims under section 1983 and section 1985[.]).
. See Clark v. Clabaugh, 20 F.3d 1290, 1295 (3d Cir. 1994).
. While we dismiss the conspiracy claims because they fail to state a claim, we also note the claims against Attorney General Kane cannot be predicated on a theory of respondent superior. Holmes v. City of Phila., No. 05-2909, 2005 WL 1875524, *2 (E.D.Pa. Aug. 4, 2005) (citing DiMaggio v. O’Brien, 497 F.Supp. 870, 876 (E.D.Pa. 1980) (finding liability under § 1985 cannot be imposed on respondent superior theory)). Tarapchak provides no factual basis other than Attorney General Kane is Deputy Attorney General Le-Bar's superior. Such a claim cannot stand without any factual allegations showing Attorney General Kane’s personal involvement, direction tp violate Tarapchak’s constitutional rights, or acquiescence in such conduct.
. See Preiser v. Rodriguez, 411 U.S. 475, 477, 93 S.Ct. 1827, 36 L.Ed.2d 439 (1973) ("If ... habeas corpus is the exclusive federal remedy ... a plaintiff cannot seek the intervention of a federal court until he has first sought and been denied relief in the state courts .... ”).
. Id. at 476-77, 93 S.Ct. 1827.
. Id.
. Id, at 477, 93 S.Ct. 1827.
. Id. at 484, 93 S.Ct. 1827.
. Id. at 490, 93 S.Ct. 1827.
. Id. at 500, 93 S.Ct. 1827.
. See Tarapchak v. McMillan, No. 15-1499, 2015 WL 5099281, *1 (M.D.Pa. Aug. 31, 2015) ("[T]his section specifically provides that the person must be in custody pursuant to the judgment of a State court.”)
. Berete v. Patton, No. 11-6594, 2012 WL 1277344, *2 (E.D.Pa. Mar. 20, 2012) (citation omitted).
. United States v. Roberts, 463 Fed.Appx. 72, 74 n. 4 (3d Cir. 2012).
. Greco v. Senchak, 25 F.Supp.3d 512, 517 (M.D.Pa. 2014).
. Elmore v. Cleary, 399 F.3d 279, 281 (3d Cir. 2005).
. (ECF Doc. Nos. 65-66, 73, 78 & 88.)
. 512 U.S. at 480, 114 S.Ct. 2364.
. Id. at 479, 114 S.Ct. 2364.
. Id.
. Id. at 486-87, 114 S.Ct. 2364.
. ■ Id. at 487, 114 S.Ct. 2364.
. Id.
. (ECF Doc. No. 57, at 26, 41-42, 46, 58, 66, 72, 83, 91; 150, 218, 265, 307, 370, 467, 577, 647, 652, 695, & 702.)
. (N.T. Hearing, March 1, 2016, p.37.)
. Edwards v. Balisok, 520 U.S. 641, 647, 117 S.Ct. 1584, 137 L.Ed.2d 906 (1997) (citations omitted).
. See Stocker v. Hood, 927 F.Supp. 871, 873 (E.D.Pa. 1996) (dismissing conspiracy to convict claim as barred under Heck).
. Thomas v. Jones, 428 Fed.Appx. 122, 123-24 (3d Cir. 2011) (citing Strickland v. Washington, 466 U.S. 668, 694, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) ("A meritorious ineffective-assistdnce-of-counsel claim requires the movant to show that 'there is a reasonable probability that, but for counsel’s unprofessional errors, the result .of • the proceeding would have been different.' ")).
. Gray v. Rustin, 445 Fed.Appx, 570, 573 (3d Cir. 2011) (finding allegations of extended pretrial detention hindering trial defense barred by Heck).
. Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 291, 125 S.Ct. 1517, 161 L.Ed.2d 454 (2005); Great W. Mining & Mineral Co. v. Fox Rothschild LLP, 615 F.3d 159, 166 (3d Cir. 2010).
. Exxon Mobil, 544 U.S. at 284, 125 S.Ct. 1517.
. Id. at 292, 125 S.Ct. 1517.
. Great Western, 615 F.3d at 166 (citing Exxon Mobil, 544 U.S. at 284, 125 S.Ct. 1517).
. Id.
. -Id. at 161.
. Id. at 166,
. Id. at 167.
. Id.
. Id.
. Id.
. (See e.g., ECF Doc. No. 74, at 15; ECF Doc. No. 93, at 7.)
. Great Western, 615 F.3d at 172 (quoting Nesses v. Shepard, 68 F.3d 1003, 1005 (7th Cir. 1995)). “[S]hould the Rooker-Feldman doctrine not apply such that the district court has jurisdiction, disposition of the federal action, one the state court-adjudication is complete, would be governed by preclusion law.” Great Western, 615 F.3d at 170. Collateral-estoppel principles are applicable to civil rights actions and encompass state-court judgments or proceedings, whether civil or criminal. See Allen v. McCurry, 449 U.S. 90, 104, 101 S.Ct. 411, 66 L.Ed.2d 308 (1980) (finding suppression ruling in criminal case could serve as basis for collateral estoppel in subsequent civil rights action); Wolff v. McDonnell, 418 U.S. 539, 554 n. 12, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974) (anticipating res judicata principles would apply where prisoner seeks habeas relief in state court and a civil rights action in federal court). No party has argued whether Judge Barrasse’s ruling on the civil habeas petition in Tarapchak’s August 6, 2015 hearing precludes re-litigation in the present matter and because preclusion is not waived by failure to include it in a Rule 12 motion, we need not decide the issue.
. Public Utils. Comm’n v. Poliak, 343 U.S. 451, 461, 72 S.Ct. 813, 96 L.Ed. 1068 (1952).
. U.S. Const. amend. XIV, § 1.
. City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 439, 105 S.Ct. 3249, 87 L.Ed.2d 313 (1985).
. Andrews v. City of Phila., 895 F.2d 1469, 1478 (3d Cir. 1990) (citation omitted).
. Id.
. Collura v. Ford, No. 13-4066, 2016 WL 409228, *18 n. 17 (E.D.Pa. Feb. 3, 2016) (internal quotation omitted).
. See Hill v. Borough of Kutztown, 455 F.3d 225, 239 (3d Cir. 2006) (citing Village of Willowbrook v. Olech, 528 U.S. 562, 564, 120 S.Ct. 1073, 145 L.Ed.2d 1060 (2000)).
. (ECF Doc. No. 57, at ¶ 620.)
. Hubbard v. Taylor, 399 F.3d 150, 163-68 (3d Cir. 2005) (finding pretrial detainees “are not yet at a stage of the criminal process where they can be punished”).
. Id. at 158.
. Id. at 159 (citing Bell v. Wolfish, 441 U.S. 520, 538-39, 99 S.Ct. 1861, 60 L.Ed.2d 447 (1979)).
. Stevenson v. Carroll, 495 F.3d 62, 68 (3d Cir. 2007).
. Id. (quoting Wilson v. Setter, 501 U.S. 294, 298, 111 S.Ct. 2321, 115 L.Ed.2d 271 (1991)).
. Hubbard, 399 F.3d at 160.
. (ECF Doc. No. 57, at ¶ 632(a)-(jj).)
. (Id.)
.(ECF Doc. No. 92)
. See Baraka v. McGreevey, 481 F.3d 187, 210 (3d Cir. 2007) (“A defendant in a civil rights action must have personal involyement in the alleged wrongs to be liable [.]") (internal quotation omitted).
. See Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988).
. Id.
. See Buoniconti v. City of Phila., 148 F.Supp.3d 425, 435-43, 2015 WL 8007438, *6-12 (E.D.Pa. Dec. 7, 2015) (dismissing claims against prison warden with no personal involvement); Vangoethem v. Lawton, No. 13-6696, 2014 WL 3869904, *2 (E.D.Pa. Aug. 6, 2014) (dismissing due process claims against warden for failure to plead personal involvement),
. Rode, 845 F.2d at 1207.
. Mulholland v. Gov't Cnty. of Berks, 706 F.3d 227, 237 (3d Cir. 2013) (citation omitted).
. Id.
. Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 695, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978).
. Id. at 692-94, 98 S.Ct. 2018.
. Andrews v. City of Phila., 895 F.2d 1469, 1480 (3d Cir. 1990) (quoting Pembaur v. City of Cincinnati, 475 U.S. 469, 481, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986)).
. Buoniconti, 148 F.Supp.3d at 437, 2015 WL 8007438, at *7 (quoting Bielevicz v. Dubinon, 915 F.2d 845, 850 (3d Cir. 1990) (citation omitted)).
. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct 1602, 16 L.Ed.2d 694 (1966).
. (ECF Doc. No. 57, at 2; ¶ 425.)
. (Id. at ¶ 425.)
. U.S. Const, amend. VI.
. Kirby v. Illinois, 406 U.S. 682, 688, 92 S.Ct. 1877, 32 L.Ed.2d 411 (1971).
. Id. at 688-89, 92 S.Ct. 1877.
. Texas v. Cobb, 532 U.S. 162, 168, 121 S.Ct. 1335, 149 L.Ed.2d 321 (2001); McNeil v. Wisconsin, 501 U.S. 171, 175, 111 S.Ct. 2204, 115 L.Ed.2d 158 (1991).
. U.S. Const, amend- V.
. Miranda, 384 U.S. at 444, 86 S.Ct. 1602.
. Renda v. King, 347 F.3d 550, 557 (3d Cir. 2003).
. Id. (citing Giuffre v. Bissell, 31 F.3d 1241, 1256 (3d Cir. 1994)).
. Id. at 559.
. U.S. Const. amend. XIV, § 1.
. Alvin v. Suzuki, 227 F.3d 107, 116 (3d Cir. 2000).
.Wall v. Dauphin Cnty., No. 04-238, 2006 WL 27123, *4 (M.D.Pa. Jan. 5, 2006).
. (ECF Doc. No. 97, at 10-12.)
. 878 F.2d 772, 776 (3d Cir. 1989).
. 240 Fed.Appx. 477, 480 (3d Cir. 2007).
. Id.
. Thompson v. Burke, 556 F.2d 231, 236-237 (3d Cir. 1977).
. Jones v. Johnson, 402 F.Supp. 992, 999 (E.D.Pa. 1975) (citing Scheuer v. Rhodes, 416 U.S. 232, 241, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974)).
. Harper v. Jeffries, 808 F.2d 281, 284 (3d Cir. 1986).
. We note there may be valid defenses to the delay in Tarapchak’s hearing including delay caused by her recusing Judge Geroulo and requesting new counsel. However, no Defendant raised such an argument and it would most likely not be a proper one for us to consider at this .stage. Of course, we will consider them on a more fully developed record at summary judgment.
. (EOF Doc. No. 74, at 17-19.)
. Higgs v. Attorney Gen. of the United States, 655 F.3d 333, 339 (3d Cir. 2011) ("The obligation to liberally construe a pro se litigant's pleadings is well-established.”).
. "In the absence of an unconstitutional policy, a municipality’s failure to train its employees and officers can create an actionable violation of a party’s constitutional rights under § 1983.” Reitz v. County of Bucks, 125 F.3d 139, 145 (3d Cir. 1991)(citing City of Canton v. Harris, 489 U.S. 378, 388, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989).
. Monell, 436 U.S. at 692-94, 98 S.Ct. 2018.
. Buoniconti, 148 F.Supp.3d at 437, 2015 WL 8007438, at *7 (quoting Bielevicz v. Dubinon, 915 F.2d 845, 850 (3d Cir. 1990) (citation omitted)),
. 61 Pa. Cons. Stat. § 1731 (a)(3); Flecken-stein v. Crawford, No. 14-1085, 2015 WL 5829758, *27 (M.D.Pa. Oct. 1, 2015) (finding prison board proper party rather than county).
. McTernan v. City of York, 564 F.3d 636, 658-59 (3d Cir. 2009).
. Canton, 489 U.S. at 388, 109 S.Ct. 1197.
. Connick v. Thompson, 563 U.S. 51, 61, 131 S.Ct. 1350, 179 L.Ed.2d 417 (2011).
. Bryan Cnty., 520 U.S. at 410, 117 S.Ct. 1382.
. Connick, 563 U.S. at 62, 131 S.Ct. 1350 (quoting Bd. of Com'rs of Bryan Cnty. v. Brown., 520 U.S. 397, 409, 117 S.Ct. 1382, 137 L.Ed.2d 626 (1997)).
. Canton, 489 U.S. at 390, n. 10, 109 S.Ct. 1197.
. Bryan Cnty., 520 U.S. at 409-10, 117 S.Ct. 1382 (citing Canton, 489 U.S. at 390, 109 S.Ct. 1197).
. Canton, 489 U.S. at 391, 109 S.Ct. 1197.
. 219 F.3d 261, 276-77 (3d Cir. 2000).
.Id.
. Id. at 211.
. Reynolds v. Municipality of Norristown, No. 15-0016, 2015 WL 4450979, *6 n. 5 (E.D.Pa. July 17, 2015) (quoting Olender v. Twp. of Bensalem, 32 F.Supp.2d 775, 791 (E.D.Pa. 1999)); "Pennsylvania state law false arrest claims and federal constitutional false arrest claims are co-extensive both as to elements of proof and elements of damages.” Russoli v. Salisbury Twp., 126 F.Supp.2d 821, 869 (E.D.Pa2000) (citing Patzig v. O'Neil, 577 F.2d 841, 851 (3d Cir. 1978)). Accordingly, we examine them together.
. U.S. Const, amend. IV.
. Orsatti v. New Jersey State Police, 71 F.3d 480, 482 (3d Cir. 1995); Russoli, 126 F.Supp.2d at 869.
. Paff v. Kaltenbach, 204 F.3d 425, 436 (3d Cir. 2005).
. (ECF Doc. No, 57, at 11 533.)
. (Id. at II22.)
. (Id. at ¶ 23.)
. Hamilton v. Leavy, 322 F.3d 776, 782-83 (3d Cir. 2003).
. Id.; Lepre v. Tolerico, 156 Fed.Appx. 522, 525 (3d Cir. 2005) (finding employees of domestic relations section of Lackawanna- Family court immune for execution of facially valid bench warrant).
.While we dismiss Warden -McMillan on other grounds, this line of reasoning may also apply to grant him the protection of immunity. See McGeachy v. Doe, 444 Fed.Appx. 510, 512 (3d Cir. 2011).
Reference
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