Pitchford v. Borough of Munhall

631 F.Supp.2d 636

Kathleen T. PITCHFORD, Plaintiff, v. BOROUGH OF MUNHALL, Officer James Ilgenfritz, Officer Greg Garcia, Officer Michael Curtain, and Officer Darran Chereb, individually and as police officers and officials for the Borough of Munhall, Daniel Cherevka and Kathy Jo Cherevka, Defendants.

No. 2:07-cv-440.

United States District Court, W.D. Pennsylvania.

November 13, 2007.

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David B. Spear, Markel, Schafer & Goldman, Pittsburgh, PA, for Plaintiff.

Robert J. Grimm, Swartz Campbell, Pittsburgh, PA, Sharon Lehman Bliss, Snyder & Andrews, Wexford, PA, for Defendants.

MEMORANDUM OPINION AND ORDER OF COURT

TERRENCE F. McVERRY, District Judge.

Before the Court for disposition are the MOTION TO DISMISS filed by Defendants Borough of Munhall ("Munhall"), Officer James Ilgenfritz ("Ilgenfritz"), Officer Greg Garcia ("Garcia"), Officer Michael Curtain¹ ("Curtain"), and Officer Darran Chereb ("Chereb") (Document No. 8), with brief in support (Document No. 9), Plaintiff Kathleen T. Pitchford's ("Pitchford") brief in opposition to the motion to dismiss filed by Munhall, Ilgenfritz, Garcia, Curtain and Chereb (Document No. 11), Pitchford's responsive pleading to the motion to dismiss (Document No. 12), the reply brief filed by Munhall, Ilgenfritz, Garcia, Curtain and Chereb (Document No. 13), the MOTION TO DISMISS filed by Defendants Daniel Cherevka ("Daniel") and Kathy Jo Cherevka ("Kathy Jo") (Document No. 14), with brief in support (Document No. 14), Pitchford's responsive pleading to the Cherevkas' motion to dismiss (Document No. 15), and Pitchford's brief in opposition to the Cherevkas' motion to dismiss (Document No. 16). These motions have been extensively briefed and are ripe for resolution.

Background

Pitchford commenced this action against the Defendants on April 3, 2007, which alleges violations of the Fourth and Fourteenth Amendments to the Constitution of the United States and the tort law of the Commonwealth of Pennsylvania. Doc. No. 1, ¶¶ 49-81. She brought her federal constitutional claims pursuant to 42 U.S.C. § 1983. The Court has jurisdiction over these federal claims pursuant to 28 U.S.C. §§ 1331 and 1343. The Court has supplemental jurisdiction over Pitchford's claims which arise under Pennsylvania law pursuant to 28 U.S.C. § 1367. Venue is proper under 28 U.S.C. § 1391(b).

Munhall, Ilgenfritz, Garcia, Curtain and Chereb filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) on May 2, 2007. Doc. No. 8. The Cherevkas filed a motion to dismiss pursuant to Rule 12(b)(6) on July 13, 2007. Doc. No. 14. Since the matter comes before the Court in this posture, the allegations contained in the complaint are assumed to be true. Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 127 S.Ct. 2499, 2509, 168 L.Ed.2d 179 (2007). Although "heightened fact pleading of specifics" is not required for a plaintiff to survive a motion to dismiss, a complaint must contain "enough facts to state a claim to relief that is plausible on its face." Bell Atlantic Corporation v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 1974, 167 L.Ed.2d 929 (2007).

According to the allegations set forth in the complaint, Pitchford is an adult individual who resides in Munhall, Pennsylvania. Doc. No. 1, ¶ 3. Munhall, a political subdivision of the Commonwealth of Pennsylvania, owns, operates, manages, directs and controls the Munhall Borough Police Department ("Police Department"). Id., ¶ 4. The Police Department employs Ilgenfritz Garcia, Curtain and Chereb. Id. Munhall owns and operates the municipal building which houses the Police Department. Id. At all times relevant to this case, Ilgenfritz, Garcia, Curtain and Chereb were police officers. Id., ¶ 5. Daniel and Kathy Jo, who are husband and wife, reside in Munhall. Id., ¶¶ 7-8. Pitchford has a daughter named Gemma, and the Cherevkas have a son named Chad. Id., ¶ 9. During the relevant period of time, Chad was apparently Gemma's boyfriend. Id.

At approximately 4:00 P.M. on April 22, 2005, Pitchford went to the Cherevkas' home to persuade Gemma to return home, to retrieve her car from Gemma, and to inform Gemma that she was "grounded." Id. After Pitchford and Chad exchanged words, Chad told her to leave the property.² Id. After speaking with Chad, Pitchford returned home. Id. Kathy Jo and Chad proceeded to contact the Police Department, complaining that Pitchford had been harassing them. Id., ¶ 10. Ilgenfritz responded by going to the Cherevka residence. Id. Upon his arrival, Ilgenfritz was presented with a document which the Cherevkas' referred to as a Protection From Abuse ("PFA") order. Id. Apparently, no PFA order had ever been entered against Pitchford. Id., ¶ 11. Instead, the document presented to Ilgenfritz by the Cherevkas was an order entered by the Court of Common Pleas of Allegheny County in the case of Kathleen Pitchford v. Norman Benning, III, No. FD 88-7805-001, pursuant to Norman Benning's ("Benning") Amended Emergency Petition for Special Relief.³ Id., ¶ 12. The order indicated that Pitchford was not permitted to have contact with the Cherevkas, and that the Cherevkas were not permitted to have contact with Pitchford, pending a hearing scheduled before Judge Della Vecchia on September 22, 2004.⁴ Id. This order had been entered on June 29, 2004, with the Cherevkas present in the courtroom. Id., ¶ 13. After learning of this order in the presence of Kathy Jo, Ilgenfritz advised that she could go to "night court" for the purpose of filing a private criminal complaint against Pitchford. Id., ¶ 15.

Pursuant to 23 Pa.C.S. § 6105(e), the Pennsylvania State Police is required to maintain a statewide registry of PFA orders. This registry is available to police officers throughout the Commonwealth. 23 Pa.C.S. § 6105(e)(3) ("The registry of the Pennsylvania State Police shall be available at all times to inform courts, dispatchers and law enforcement officers of any valid protection order involving any defendant."). Pitchford alleges that Ilgenfritz had not reviewed the registry before advising Kathy Jo to file a private indirect criminal complaint against her. Doc. No. 1, ¶ 16.

At approximately 8:45 P.M. on April 22, 2005, Daniel appeared before a magistrate and filed a private criminal complaint against Pitchford. Id., ¶ 17. He stated under oath that Pitchford's actions had constituted a violation of a PFA order, and he requested that a warrant be issued for Pitchford's arrest. Id. The magistrate issued the warrant. Id., ¶ 18. Pitchford alleges that the Cherevkas intentionally and/or recklessly provided incorrect information to Ilgenfritz and the magistrate for the purpose of effectuating her arrest and detention. Id., ¶ 19.

Garcia, Curtain and Chereb arrived at Pitchford's residence in three separate vehicles at approximately 3:00 P.M. on April 23, 2005. Id., ¶ 20. They asked to see Pitchford's driver's license, and she complied with their request. Id. Garcia arrested Pitchford. Id., ¶ 21. Pitchford alleges that Garcia, Curtain and Chereb had not reviewed the PFA registry before they encountered her, and that they would have become aware of the fact that no PFA order had been entered against her had they taken the time to do so. Id., ¶ 22. Garcia placed Pitchford in handcuffs, and the three officers proceeded to escort her to the back of Garcia's police car. Id., ¶ 25. At least one (and possibly more) of Pitchford's neighbors saw her being taken out of her home in handcuffs. Id., ¶ 26. Garcia transported Pitchford to the Munhall Police Station. Id., ¶ 25. Curtain and Chereb followed Garcia in their own police cars. Id.

During the ride in the police car, Pitchford overheard Garcia mumble something about a PFA order. Id., ¶ 27. Pitchford informed Garcia that she had never been served with a PFA order. Id. She indicated that any PFA order against her would have been recorded at the Munhall Police Station, and that the officers had made a mistake in arresting her. Id.

Upon her arrival at the Munhall Police Station, Pitchford was placed in a filthy holding cell which appeared to her to be encrusted with old feces. Id., ¶ 28. She remained in a standing position in order to avoid contact with the feces. Id. While detained in the cell, Pitchford overheard an argument between several police officers concerning the absence of a PFA order. Id., ¶ 29. One officer exclaimed, "We have to let her go." Id. Garcia opened the door and informed Pitchford that a constable had been called to take her "downtown." Id., ¶ 30. When Pitchford again told Garcia that a "terrible mistake" had been made, Garcia replied, "That's right. You are a legal assistant. You know everything." Id. Despite Pitchford's insistence that no PFA order had ever been entered against her, the officers did not check the registry in order to determine whether her contention was accurate. Id., ¶ 31.

Allegheny County Constable John Lieber ("Lieber") arrived at the Munhall Police Station about one hour later. Id., ¶ 32. Pitchford told Lieber that a mistake had been made, but Lieber responded by saying that he was only doing his job by following Chereb's instructions. Id. Lieber escorted Pitchford to the Allegheny County Jail for processing. Id., ¶ 33. She was placed in a jail cell with two other women, one of whom had been accused of drug possession and the other of whom had been accused of prostitution. Id.

After spending approximately two hours in the cell, Pitchford felt her heart starting to race. Id., ¶ 34. Her palms became "clammy," and she felt short of breath. Id. Although Pitchford knocked on the door repeatedly, the officers initially ignored her. Id. When a female officer finally came to the door, Pitchford politely asked to be taken to the nurse's station. Id. The nurse indicated to Pitchford that her blood pressure was elevated, and that she was having an anxiety attack. Id., ¶ 35....