Riley v. Clark, CIVIL ACTION NO. 4:20-CV-325

CARMEN RILEY, et al., Plaintiffs v. WARDEN BRIAN CLARK, et al., Defendants

CIVIL ACTION NO. 4:20-CV-325

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA

December 21, 2020

(BRANN, D.J.)

(ARBUCKLE, M.J.)

REPORT & RECOMMENDATION

(Motion to Dismiss [Doc. 45] by Corrections Officer Angela Swanson)

Contents

I. Introduction .......................................................................................... 2

II. Background & Procedural History ....................................................... 5

III. Legal Standard .................................................................................... 11

IV. Analysis .............................................................................................. 14

A. Whether Plaintiff Adequately Pleaded The § 1983 Conspiracy Claims in Counts I & II of the Amended Complaint Against Defendant Swanson ................................................................................................ 14

1. Whether Plaintiffs Pleaded a Plausible § 1983 Conspiracy Claim Against Defendant Swanson Involving Use of Excessive Force ..... 16

2. Whether Plaintiffs Pleaded a Plausible § 1983 Conspiracy Claim Against Defendant Swanson Involving the Denial of Medical Care .......................................................................................................... 18

B. Whether Plaintiffs Adequately Pleaded The § 1983 Excessive Force Claim in Count V of their Amended Complaint Against Defendant Swanson ................................................................................................ 20

C. Whether Plaintiffs Adequately Pleaded their § 1983 Claim of Failure to Intervene in Count VI of the Amended Complaint Against Defendant Swanson .............................................................................. 30

D. Whether Plaintiffs' Negligence Claim in Count IX of the Amended Complaint Should be Dismissed Because Defendant Swanson is Immune under the Pennsylvania Political Subdivision Tort Claims Act .............................................................................................................. 33 E. Whether Plaintiffs' IIED Claim Should be Dismissed ....................... 38

F. Whether Plaintiffs' Assault and Battery Claims Should be Dismissed Against Defendant Swanson ................................................................ 42

G. Whether Plaintiffs' Wrongful Death and Survival Act Claims Should be Dismissed ......................................................................................... 46

H. Plaintiffs' Request to Amend .............................................................. 48

V. Recommendation ................................................................................ 50

VI. Notice of Local Rule 72.3 .................................................. 51

I. INTRODUCTION

The death of a child is one of the most severe emotional traumas humans experience. The death of a young man in police custody is an unbearable tragedy to his parents. When the young man suffers from mental illness that tragedy is multiplied. As a society we expect that our officials will detain individuals in lawful custody both securely and safely. When a person dies in custody the circumstances of the death are rightfully scrutinized. This civil lawsuit looks carefully at the death of Ty'rique Riley, seeking both answers and liability.

On August 20, 2019, Carmen Riley (as administrator of the estate and as Ty'rique's parent) and Thomas Matthews (as Ty'rique's parent) (collectively "Plaintiffs") initiated this civil action in the Dauphin County Court of Common Pleas alleging claims related to the death of their son, Ty'rique Riley ("Ty'rique").¹ Thatcase has since been removed to federal court, and the original complaint has been amended. In their Amended Complaint (Doc. 16), Plaintiffs name the following thirty-four Defendants:

(1) Brian Clark, Warden of Dauphin County Prison;

(2) Dauphin County, Pennsylvania;

(3) Susquehanna Township Police Department;

(4) Michael Darcy, Susquehanna Township Police Officer;

(5) Demetrius Glenn, Susquehanna Township Police Officer;

(6) Aaron Osman, Susquehanna Township Police Officer;

(7) Richard Adams, Susquehanna Township Police Officer;

(8) Richard Wilson, Susquehanna Township Police Officer;

(9) Chris Haines, Susquehanna Township Police Officer;

(10) PrimeCare Medical, Inc.;

(11) Captain Andrew Klahr, Dauphin County Prison Corrections Officer;

(12) Captain Steve Smith, Dauphin County Prison Corrections Officer;

(13) Captain Mark Neidigh, Dauphin County Prison Corrections Officer;

(14) Lieutenant Richard Armermann, Dauphin County Prison Corrections Officer;

(15) Lieutenant Greg Mendenhall, Dauphin County Prison Corrections Officer;

(16) Sergeant Scott Rowe, Dauphin County Prison Corrections Officer;

(17) Sergeant Scott Grieb, Dauphin County Prison Corrections Officer;

(18) Sergeant Jason Adams, Dauphin County Prison Corrections Officer;(19) Sergeant Michael Blouch, Dauphin County Prison Corrections Officer;

(20) Sergeant Scott Lewis, Dauphin County Prison Corrections Officer;

(21) Sergeant Keith Biter, Dauphin County Prison Corrections Officer;

(22) Officer Robert Ingersoll, Dauphin County Prison Corrections Officer;

(23) Officer Cameron Weaver, Dauphin County Prison Corrections Officer;

(24) Officer Taylor Glenn, Dauphin County Prison Corrections Officer;

(25) Officer Martin Myers, Dauphin County Prison Corrections Officer;

(26) Officer Delta Bauer, Dauphin County Prison Corrections Officer;

(27) Officer Matthew Danner, Dauphin County Prison Corrections Officer;

(28) Officer Steve Singleton, Dauphin County Prison Corrections Officer;

(29) Officer Derek Umberger, Dauphin County Prison Corrections Officer;

(30) Officer Joseph Doyle, Dauphin County Prison Corrections Officer;

(31) Officer Richard Otten, Dauphin County Prison Corrections Officer;

(32) Officer Keith Hoffman, Dauphin County Prison Corrections Officer;

(33) Officer Angela Swanson, Dauphin County Prison Corrections Officer; and,

(34) Officer Michael Shaeffer, Dauphin County Prison Corrections Officer.

(Doc. 16).²

Presently pending before the Court is a Motion to Dismiss Plaintiffs' Amended Complaint filed by Defendant Angela Swanson, a corrections officer atDauphin County Prison. This Motion is fully briefed and is now ripe for decision. (Docs. 47, 48, 49).

After reviewing the Motion and briefs filed in support and opposition to it, it is RECOMMENDED that Defendant Swanson's Motion to Dismiss (Doc. 45) be GRANTED as follows:

(1) Counts I (Conspiracy), II (Conspiracy), V (Excessive Force), VI (Failure to Intervene), IX (Negligence), XI (IIED), XII (Assault), XIII (Battery), XIV (Wrongful Death), and XV (Survivor Act) be DISMISSED without prejudice as to Defendant Swanson.

Because I have recommended that all pending counts against Defendant Swanson be dismissed, it is also recommended that Defendant Swanson be removed as a party to this case.

II. BACKGROUND & PROCEDURAL HISTORY

On June 18, 2019, at 4:00 a.m. Plaintiff Carmen Riley woke up and saw her son, Ty'rique Riley, standing over the bed shared by Plaintiffs Carmen Riley and Thomas Matthews holding a sledgehammer and mumbling about needing to protect his parents. (Doc. 16, ¶ 63). Plaintiff Thomas Matthews woke up and a struggle ensued between Ty'rique and Plaintiff Matthews. (Doc. 16, ¶ 64). As Ty'rique and Plaintiff Matthews were grappling, Plaintiff Riley called the Susquehanna Police Department for help. (Doc. 16, ¶ 64).

Defendant Susquehanna Township Police dispatched Defendants Glenn, Darcy, Haines, Wilson, Adams, and several unidentified "John Doe" Officers to the scene. (Doc. 16, ¶ 65).

When they arrived at the scene, Defendants Darcy, Glenn, and Wilson walked around to the rear of the home to gain entry. (Doc. 16, ¶ 66). Ty'rique opened the door and the officers entered the home. (Doc. 16, ¶ 67). At that time, Ty'rique appeared "distant and uncommunicative, and he offered no struggle or fight." (Doc. 16, ¶ 68). Plaintiffs informed the officers that Ty'rique had been acting erratically, mumbling and that "something was wrong with him." (Doc. 16, ¶ 69). The officers arrested Ty'rique and placed him in a police vehicle. (Doc. 16, ¶ 70).

Defendant Haines transported Ty'rique to Dauphin County Prison. (Doc. 16, ¶ 72). During the car ride, Ty'rique spoke in long nonsensical sentences. (Doc. 16, ¶ 73). Defendant Haines inquired about Ty'rique's mental health. Id.

When they arrived at Dauphin County Prison Booking Center, Defendants Haines, Ingersoll, Weaver, Bauer, Grieb, and Mendenhall forced Ty'rique out of the police car, and into the booking center. (Doc. 16, ¶ 76). In doing so, these Defendants struck Ty'rique about the head, shoulders and torso. Id. Defendant Mendenhall sprayed Ty'rique with pepper spray and wrestled him to the ground. (Doc. 16, ¶ 77). "Other Correctional Officers" beat Ty'rique and placed him in hand and ankle restraints before taking him to cell 132. Id. At some point after this encounter, Ty'rique received medical care from unidentified PrimeCare employees. (Doc. 16, ¶ 79). The pepper spray was flushed from Ty'rique's eyes and his physical injuries were tended. Id.

Ty'rique was in Dauphin County Prison from June 18, 2019 through June 26, 2019. Plaintiffs allege that during this time, corrections officers at Dauphin County Prison used physical force on Ty'rique on several occasions. It is not clear, however, exactly when during this period of incarceration these events occurred.

At some point after his initial injuries were tended, Defendants Adams, Blouch, Taylor, Glenn and Myers caused additional physical injuries attempting to place Ty'rique in a restraint belt. (Doc. 16, ¶ 88). After this altercation, Ty'rique's physical injuries were assessed and tended by unidentified PrimeCare employees. (Doc. 16, ¶ 92).

Sometime thereafter, Ty'rique was placed in a suicide smock and moved to a suicide watch cell. (Doc. 16, ¶¶ 94-95). While in the suicide watch cell, Ty'rique complained of abdominal...