Finneman v. Septa
Finneman v. Septa
Opinion of the Court
This civil rights action arises out of Plaintiff's arrest at a Southeastern Pennsylvania Transportation Authority ("SEPTA")
I. PROCEDURAL BACKGROUND
Finneman filed a pro se complaint on April 7, 2015, which contained claims against various defendants. ECF No. 3. Eventually, he obtained a lawyer, and his claims went through several rounds of pleadings and dismissal before discovery began. After several motions to dismiss and amended complaints, the Defendants filed motions for summary judgment as to the remaining claims. ECF Nos. 62, 63.
The Court granted the Defendants' motions for summary judgment as to all claims except those against Campbell, ECF Nos. 70, 71, leaving Campbell as the sole remaining defendant, and malicious prosecution (under
The Court then held a bench trial, beginning on February 26, 2018. See ECF No. 90. There, Campbell called three witnesses: SEPTA Police Sergeant Daniel Caban, SEPTA station manager William Dicks, and Campbell herself. Finneman called only himself as a witness. The Court has reviewed this testimony and Campbell's proposed findings of fact and conclusions of law,
II FINDINGS OF FACT
At the time of the incident, Campbell was employed by SEPTA as a cashier. Trial Tr. Day 2 at 138:1-4. ECF No. 96 *857Ex. A. As a SEPTA cashier, Campbell sold train tokens and transit passes, collected fares, and handled money.
Passengers who want to take a train enter the Station at the ground or street level and have the option of taking the stairs or escalator up to the second level, which is the train platform level.
On April 4, 2013, at approximately 11:00 p.m., Campbell exited the cashier booth to use the restroom, which was located several feet from the booth.
At approximately 11:08 p.m., Finneman entered the Station and used the escalator to go up to the train platform level.
Around the same time, Campbell exited the restroom and returned to the booth.
The interaction between Campbell and Finneman in the booth created sufficient noise as to draw the attention of several passengers that were standing on the train platform. See
Immediately after Finneman exited the booth, Campbell called the SEPTA control center using the telephone in the booth.
A few moments later, in response to Campbell's telephone call, SEPTA Police Sergeant Daniel Caban arrived at the Station. See
At some point thereafter, Campbell gave a written statement to Philadelphia Police Detectives, confirming the details of the incident with Finneman that she had previously relayed via telephone to the SEPTA control center dispatcher. Trial Tr. Day 2 at 158:12-16; 159:3-13; see also Def. Ex. 6. Based on these events, the Philadelphia District Attorney's Office charged Finneman with robbery, criminal attempt, receiving stolen property, and simple assault. See Pl. Ex. 6. Finneman was in custody for approximately five days, before being released on bail. See Pl. Exs. 5, 6. Finneman then had a preliminary hearing regarding the charges, at which Campbell testified, and Finneman was held over for trial. Trial Tr. Day 2 at 162:8 to 163:3. However, Campbell did not return to testify at Finneman's trial, despite being under subpoena to do so,
The parties' sharply contrasting versions of what occurred when Finneman entered the booth cannot be reconciled and, therefore, they cannot both be true. The Court must decide, based on credibility, which party's version to accept.
Campbell testified that she and Finneman hit each other, Trial Tr. Day 2 at 152:4-20; 158:1-3, and struggled over her purse, causing it to rip.
*859
The security video clearly shows the group of nearby passengers hurrying toward the booth, just after the Finneman entered it. This supports Campbell's testimony that she screamed. Also, Caban observed Campbell's purse and its contents on the floor of the booth, mere moments after Finneman had exited it. Similarly, this supports Campbell's testimony that the parties struggled over her purse. Additionally, the fact that Campbell's call to the SEPTA control center was made immediately after Finneman exited the booth supports Campbell's version of the events, because she therefore made the call while still in an excited state caused by her interaction with Finneman.
Finneman claims that Campbell falsely concocted her story of assault and attempted robbery, in an effort fabricate an injury or disability and thereby obtain workers' compensation or some similar benefit. See
Finneman also claims that Campbell spoke normally to him, he did not touch her purse, and the two had no physical interaction. See id. at 36:14-17; 44:1-21. However, this testimony is undermined by other evidence. Caban observed Campbell's purse and its contents on the floor of the booth, Trial Tr. Day 3 at 7:13-24, which contradicts Finneman's version, wherein the purse was not involved. Similarly, the security video clearly shows the group of nearby passengers hurrying toward the booth, just after the Finneman entered it. The video undermines Finneman's version, wherein Finneman and Campbell spoke normally to each other, which would not have caused enough noise to draw the passengers to the booth.
Accordingly, there is evidentiary support for Campbell's testimony, see Kole,
III. CONCLUSIONS OF LAW
To succeed on a claim for malicious prosecution under
"Probable cause is proof of facts and circumstances that would convince a reasonable, honest individual that the suspected person is guilty of a criminal offense." Telepo v. Palmer Twp.,
As explained above, the Court finds that Campbell's version of what happened in the booth is credible. Because the Court has accepted Campbell's version, it has thereby found facts "sufficient to warrant a prudent [person] in believing the suspect had committed or was committing an offense," id. at 610-11 (internal quotation marks omitted), such as attempted robbery or assault. These facts include, inter alia, that Finneman struggled with Campbell for her purse. For that reason, Finneman has failed to establish that Campbell initiated the proceedings against him without probable cause under § 1983. Accordingly, his claim under § 1983 fails.
Similarly, in order to establish a malicious prosecution claim under Pennsylvania law, Finneman needs to show that Campbell instituted proceedings against him 1) without probable cause, 2) with malice, and 3) the proceedings must have terminated in favor of Finneman. Kelley v. Gen. Teamsters, Chauffeurs & Helpers, Local Union 249,
Here also, because the Court finds that the parties, inter alia, physically struggled over Campbell's purse, Campbell had "a reasonable ground of suspicion" for her statements to authorities. See Miller,
IV. CONCLUSION
For the reasons discussed above, the Court will enter judgment for Defendant Campbell. The Court will also deny as moot Defendant's Motion in Limine (ECF No. 88) and Defendant's Motion for Judgment as a Matter of Law (ECF No. 92).
An appropriate order follows.
ORDER
AND NOW , this 13th day of April, 2018 , after the conclusion of trial, and for the reasons stated in the accompanying Memorandum, it is hereby ORDERED as follows:
1. Defendant's Motion in limine (ECF No. 88) is DENIED as moot.
2. Defendant's Motion for Judgment as a Matter of Law (ECF No. 92) is DENIED as moot.
AND IT IS SO ORDERED.
JUDGMENT
AND NOW , this 13th day of April, 2018 , after the conclusion of trial, and for the reasons stated in the accompanying Memorandum, it is hereby ORDERED that JUDGMENT is entered in favor of Defendant and against Plaintiff.
AND IT IS SO ORDERED.
SEPTA is a regional transportation authority, created by the Commonwealth of Pennsylvania, that operates a mass-transit system within Philadelphia and its surrounding counties, as well as points in New Jersey. See Cooper v. Se. PA Transp. Auth.,
Plaintiff's original complaint identified him as "Nasir Finnerman," but his last name is actually "Finneman." See ECF Nos. 59, 91.
Finneman did not submit either proposed findings of fact or proposed conclusions of law, despite being granted leave to do so by March 9, 2018. See ECF No. 93.
The parties agree that this is the first time that Finneman and Campbell saw each other. See
According to Finneman, he told Campbell he was afraid of a suspicious person outside of the booth, to which Campbell replied, "Come on, he's not worrying about you," which prompted Finneman to immediately leave the booth.
In contrast, Campbell testified that Finneman forcibly pushed his way into the booth, and asked, "Where is it?" In response, Campbell asked, "Where is what?" and then hit Finneman, who hit her back.
Prior to the events underlying this case, Finneman had interactions with law enforcement. See Trial Tr. Day 2 at 126:15 to 131:1-25. These interactions were not related to this case, and the Court will not consider them in determining Finneman's credibility.
See United States v. Brown,
Reference
- Full Case Name
- Nasir FINNEMAN v. SEPTA
- Cited By
- 2 cases
- Status
- Published