Brigman v. Schaum

LLOYD J. BRIGMAN, Plaintiff v. ADAM SCHAUM, et al., Defendants

Civil Action No. 1:20-CV-1549

United States District Court, M.D. Pennsylvania

July 27, 2021

REPORT & RECOMMENDATION DEFENDANT SCHAUM'S MOTION TO DISMISS (DOC. 23)

William I. Arbuckle U.S. Magistrate Judge.

On August 28, 2020, Lloyd James Brigman (“Plaintiff”) initiated the above-captioned civil rights action arising out of an October 2019 arrest in York County, Pennsylvania for failing to respond to two traffic citations. In his Complaint, Plaintiff asserts claims against the following seven Defendants:

(1) Adam Schaum (arresting officer);

(2) Magisterial District Judge Robert A. Eckenrode;

(3) Constable Shannon;

(4) Common Pleas Judge Amber A. Kraft;

(5) David W. Sunday, Jr. (York County District Attorney);

(6) Kyle Thomas (York County Assistant District Attorney) and

(7) Daniel Byrnes.

(Doc. 1).^[1]

Presently pending before this Court is a Motion to Dismiss filed by Defendant Adam Schaum. (Doc. 23). On March 5, 2021, Defendant Schaum filed a brief in support. (Doc. 24). On May 5, 2021 Plaintiff filed a brief in opposition. (Doc. 37). On May 18 2021, Defendant Schaum filed a reply. (Doc. 38).

This matter has been referred to me to prepare a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and Rule 72(b) of the Federal Rules of Civil Procedure. After reviewing Plaintiff's Complaint (Doc. 1), and the arguments raised in the parties' briefs, I RECOMMEND that Defendant Schaum's Motion to Dismiss (Doc. 23) be GRANTED IN PART and DENIED IN PART as follows:

(1) Plaintiff's Fourth Amendment False Arrest and False Imprisonment claims against Defendant Schaum be allowed to proceed; and

(2) All other claims against Defendant Schaum be DISMISSED.

I. BACKGROUND & PROCEDURAL HISTORY

On October 7, 2019, Plaintiff was charged with two summary traffic offenses: failure to pass in a lane not adjacent to that of an emergency response area in violation of 75 Pa.C.S. § 3327; and driving while his license was suspended or revoked in violation of 75 Pa.C.S. § 1543. See Commonwealth v. Brigman, No. MJ-19311-TR-0002692-2019 (Magis. Ct.); Commonwealth v. Brigman, No. MJ-19311-TR-0002691-2019 (Magis. Ct.).^[2]As to Defendant Schaum, Plaintiff alleges:

On October 7th in the year of our lord 2019 at 10:43 pm while stopped for fuel at the Rutters #57 located in the United States of America, Commonwealth of Pennsylvania, Court of York, Springesttsbury Township, 1450 Mount Zion road, I was approached by a man, Adam Schaum in the capacity of a law enforcement office badge # 2615, officer identification # 39028 from the Commonwealth of Pennsylvania, Hellam Township police department, under his oath of office. Adam Schaum approached me in a hostile manner yelling with his hand on his weapon. Adam Schaum was in dishonor. After asking Adam Schaum to identify himself many times, he finally identified himself as Officer Schaum. Seconds after he identified himself I was assaulted on video by Adam Schaum and three other, to this day, unidentified men in the capacity of law enforcement officers, from the Commonwealth of Pennsylvania, Springettsbury township, under their oath of office. During the assault Adam Schaum and gang bound me in chains and looted my belongings.

In violation of Article 1 section 1 of the Constitution, for the Republic of the Commonwealth of Pennsylvania and ARTICLE XIV.

SECTION 1, Of the constitution of the United States of America.

1. My liberty.

In violation of Article 1 section 8 of the Constitution, for the Republic of the Commonwealth of Pennsylvania and ARTICLE [IV.] of the Constitution of the United State of America. Bill of Rights.

2. My person.

3. My things.

At this time I informed Adam Schaum that anything I do from this time forward, I do under duress. I specifically informed Adam Schaum that I do not give you permission to do anything to me and to release me. Adam Schaum did not release me. Adam Schaum and his gang then demanded me to identify myself, because they Could not find a picture identification in my looted belongings. I told them if they would release me I would show them where to procure some form of identification. Adam Schaum and his gang still did not release me. Under duress, I told Adam Schaum and his gang the where about of some identification. I directed Adam Schaum and his gang to the glove compartment of my conveyance. There Adam Schaum and his gang were served with Notarized Affidavit of reservation of rights UCC 1-308/1-207 (see exhibit A) and a certified copy of my certification of Birth from the Commonwealth of Pennsylvania, Department of Health. (see exhibit B) At this time I informed Adam Schaum and his gang that I was a citizen of the Republic of the Commonwealth of Pennsylvania. I was and am, always in my individual capacity. At this time one of Adam Schaum's gang members labeled me as a sovereign citizen. (on April 13th in the year of our lord 2010 the Federal Bureau of Investigation labeled, sovereign citizens as “Domestic terrorist and anti-government extremist”)

In violation of Article 1 section 1 of the Constitution, for the Republic of the Commonwealth of Pennsylvania and the Constitution of the United States of America, ARTICLE XIV. Section 1.

4. My reputation.

After serving Adam Schaum and his gang with the Notarized Affidavit of reservation of rights UCC 1-308/1-207, (see exhibit A) Adam Schaum nor his gang did not abate or question the contract, they remained silent, therefore they gave their implied consent, and a contract was formed.

Adam Schaum and his gang then forced me into their conveyance and I was taken to the jail, located in the Commonwealth of Pennsylvania, County of York, City of York, 45 north George street, at the York county court house. On arrival Adam Schaum told the no less than five Sheriffs who were at the scene that I was a sovereign citizen. This is collusion and fraud.

In violation of Article 1 section 1 of the Constitution, for the Republic of the Commonwealth of Pennsylvania and the Constitution of the United States of America. ARTICLE XIV, SECTION 1.

5. My reputation.

I did not speak another word to any officials, until my release at approximately 10:30am on October 8th in the year of our lord 2019. Adam Schaum and his gang, employed by the Hellam township police Department and possibly other county and State departments, whom are not laymen, are under contract for the 11 hour and 30 minutes I was unlawfully detained. (see attached copy of Notarized Affidavit of reservation of rights UCC 1-308/1-207) (see exhibit A) Totaling $11, 500, 000.00 dollars in gold and silver. Which I am entitled to as a citizen of the Republic of the Commonwealth of Pennsylvania.

Officer Adam Schaum and his gang who claims to be officers of the law and have an oath of office, and are not laymen, willingly and knowingly with intent, “immediate breach” (Black's Law Dictionary, ninth edition.) oath of office and are guilty of no less than five acts of treason. In addition to those acts of treason, Adam Schaum is guilty of issuing two citations under the UCC common law where there is no corpus delicti and no proof of commerce. “ The exchange of goods and services, esp. on a large scale involving transportation between cities, states, and nations. “ (Black's Law Dictionary, ninth edition.) Citation 1 (see exhibit C) title 75 section 3327 subsection A1 and (see exhibit Dj) citation 2 title 75 section 1542 subsection A. These citation and my unlawful imprisonment (kidnapping) are in direct violation of 18 U.S. Code 241 (see exhibit E) and 18 U.S.Code 242 (see exhibit F) under color of law.

(Doc. 1, pp. 3-5).

Plaintiff alleges that, after he was pulled over, he was transported by Defendant Schaum “and his gang” to the York County Jail. (Doc. 1, p. 4). Plaintiff reports that he was released the next morning, on October 8, 2019. Id.

On November 12, 2019, Plaintiff received summary trial notices listing Defendant Eckenrode as the Magisterial District Judge, scheduling a court dates on December 11, 2019 for both October 2019 traffic offenses. Id.; (Doc. 1-2, pp. 12, 14). On December 11, 2019, orders imposing sentence were sent to Plaintiff, informing him that his trial had been held in his absence, and that he had been found guilty of both traffic offenses. (Doc. 1-2, pp. 16-17). Pursuant to those orders, Plaintiff was fined $358.00 for driving with a suspended or revoked license, and $259.50 for passing improperly in an emergency response area. Id.

On January 16, 2020, Plaintiff filed a summary appeal in both cases. See Commonwealth v. Brigman, No. MJ-19311-TR-0002692-2019 (Magis. Ct.); Commonwealth v. Brigman, No. MJ-19311-TR-0002691-2019 (Magis. Ct.). Defendant Kraft was assigned the role of presiding judge in the summary appeal. Commonwealth v. Brigman, No. CP-67-SA-0000020-2020 (C.C.P. York County). The docket in this case suggests that Plaintiff entered a guilty plea on July 30, 2020. Id. Plaintiff alleges he did not enter a guilty plea.

On August 28, 2020, Plaintiff filed this pro se civil Complaint in federal court alleging violations of his constitutional rights under 42 U.S.C. § 1983. (Doc. 1). Plaintiff paid the filing fee and served the Complaint. On February 22, 2021, Defendant Schaum filed a Motion to Dismiss (Doc. 23). On March 5, 2021, Defendant Schaum filed a supporting brief (Doc. 24). On May 4, 2021, Plaintiff filed a brief in opposition. (Doc. 37). On May 18, 2021, Defendant Schaum filed a reply. (Doc. 38).

As relief, Plaintiff generally asks that all Defendants “receive their just deserts [sic]” and for reimbursement of court costs and lost wages. (Doc. 1, p. 2). As to Defendant Schaum, Plaintiff specifically requests “$11, 500, 000.00 dollars in gold and silver.” (Doc. 1, p. 5).

II. LEGAL...