Full title: CHARLENE KLEIN, Plaintiff, v. OFFICER STEPHEN MADISON, OFFICER CHRISTOPHER…
Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
Date published: Apr 10, 2019
Facts
The plaintiff, Charlene Klein, filed her complaint against the defendants, Officer Stephen Madison (“Officer Madison”), Officer Christopher Hendricks (“Officer Hendricks”), Officer Michael Good (“Officer Good”), Officer Jacoby Glenny (“Officer Glenny”), John/Jane Does 1-X (“Does”), (former) Mayor Edwin Pawlowski (“Mayor Pawlowski”), the (former) Chief of Police Keith Morris (“Chief Morris”), and the City of Allentown (the “City”) on October 10, 2017. Doc. No. 1. The complaint asserted twelve causes of action: (1) excessive force in violation of the Fourth Amendment under section 1983 against Officers Madison, Hendricks, and Glenny, in their individual capacities; (2) unlawful search in violation of the Fourth Amendment under section 1983 against Officers Madison, Hendricks, Good, and Glenny (collectively, the “Officers”) in their individual capacities; (3) failure to intervene in violation of the Fourth Amendment under section 1983 against the Officers in their individual capacities; (4) civil conspiracy under section 1983 against the Officers in their individual capacities; (5) denial of medical care in violation of the Fourteenth Amendment under section 1983 against the Officers in their individual capacities; (6) violation of her Fourteenth Amendment due process rights under section 1983 against the Officers in their individual capacities; (7) supervisory liability/policymaker liability under section 1983 against Mayor Pawlowski and Chief Morris in their individual capacities; (8) municipal liability pursuant to Monell against the City; (9) assault and battery under Pennsylvania law against Officers Madison, Hendricks, and Glenny in their individual capacities; (10) violations of the Pennsylvania Constitution against the Officers; (11) trespass under Pennsylvania law against the Officers in their individual capacities; and (12) civil conspiracy under Pennsylvania law against the Officers. Compl. at 26–66, Doc. No. 1.
The defendants filed an answer and affirmative defense to the complaint on December 27, 2017. Doc. No. 13. After discovery concluded, the defendants moved for summary judgment as to all claims brought by the plaintiff on December 14, 2018. Doc. No. 55. On January 4, 2019, the plaintiff filed a response in opposition to the motion for summary judgment. Doc. No. 58. The court heard oral argument on the motion on January 9, 2019. See Doc. No. 60. The defendants then filed a reply brief and a separate response to the plaintiff’s additional facts on January 14, 2019. Doc. Nos. 62, 63. Lastly, the plaintiff filed a sur-reply brief as to certain issues raised during oral argument on January 24, 2019. Doc. No. 68. On March 27, 2019, the parties dismissed the claims against the Does and Mayor Pawlowski by stipulation. Doc. No. 95.
Issue
Decision
For the reasons stated above, the court denies the defendants’ motion for summary judgment as to the plaintiff’s (1) section 1983 claims for (a) excessive force, (b) illegal search, (c) failure to intervene, (d) civil conspiracy, and (e) denial of medical care against the Officers; (2) section 1983 derivative liability claims against Chief Morris and the City; (3) state law claims against the individual Officers (i.e., assault and battery, trespass, civil conspiracy) and her claim for injunctive relief under the Pennsylvania Constitution. The court will (1) dismiss without prejudice the plaintiff’s Fourteenth Amendment due process claim based on the fabrication of evidence because Heck bars this claim and (2) grant summary judgment as to the plaintiff’s claim for monetary damages under the Pennsylvania Constitution. The parties may re-raise the following arguments at trial: qualified immunity on excessive force, PTSCA immunity as to the plaintiff’s state law tort claims, and the plaintiff’s request for a punitive damages instruction.
A separate order follows.