Thornton v. City of Pittsburgh

777 F.Supp.2d 946

Theresa E. THORNTON and Jeremiah C. Mitchell, as Co–Administrators of the Estate of Curtis L. Mitchell, deceased, Plaintiffs,

v.CITY OF PITTSBURGH, Robert J. McCaughan, Mark A. Bocian, Ronald W. Romano, Josie Dimon, Andrew Lagomarsino, Kim Long, Norman Auvil, Ron Curry, Allegheny County, and County of Allegheny Department of Emergency Services, Defendants.

Civil Action No. 10–1436.

United States District Court, W.D. Pennsylvania.

April 6, 2011.

Alan H. Perer, Carlyle J. Engel, Swensen, Perer & Kontos, Paul A. Ellis, Jr., Law Office of Paul Ellis & Associates, D. Aaron Rihn, Robert F. Daley, Peirce Law Offices, Pittsburgh, PA, for Plaintiffs.John F. Doherty, Daniel D. Regan, Michael E. Kennedy, City of Pittsburgh Department of Law, Caroline Liebenguth, Michael H. Wojcik, Allegheny County Law Department, Pittsburgh, PA, for Defendants.

MEMORANDUM

GARY L. LANCASTER, Chief Judge.

This is an action in civil rights. Plaintiffs, Theresa Thornton and Jeremiah Mitchell, as co-administrators of the estate of Curtis Mitchell, assert a claim pursuant to section 1983 of the Civil Rights Act of 1871 (“section 1983”), 42 U.S.C. § 1983. Plaintiffs allege that defendants violated Curtis Mitchell's right to substantive due process granted by the Fourteenth Amendment to the United States Constitution by failing to come to his rescue and take him to the hospital via ambulance during a snow storm that dropped more than 21 inches of snow in approximately 24 hours. Plaintiffs also bring Pennsylvania state law claims against all defendants. Plaintiffs seek compensatory damages, damages for pain and suffering, punitive damages, and attorneys' fees.

On September 30, 2010, plaintiffs filed their original complaint in the Court of Common Pleas of Allegheny County, Pennsylvania, but did not assert a federal claim. On October 1, 2010, plaintiffs filed an amended complaint in the Court of Common Pleas of Allegheny County and asserted a section 1983 claim. Defendants thereafter removed this case on the ground that the amended complaint asserted a claim arising under the United States Constitution. [Doc. No. 1].

All defendants have moved to dismiss the section 1983 claim contending that plaintiffs have not pled allegations sufficient to state a substantive due process violation. [Doc. Nos. 11, 14].

For the following reasons, defendants' motions to dismiss will be granted.

I. BACKGROUND

We accept the following factual allegations set forth in the amended complaint as true.

On February 5, 2010, a record snow storm began in the City of Pittsburgh at approximately 4:30 p.m. Approximately 11.4 inches of snow had accumulated by midnight. Throughout the day on February 6, 2010, approximately 9.7 more inches of snow had accumulated, resulting in a total accumulation of approximately 21.1 inches of snow.

At around 2:00 a.m. on February 6, 2010, decedent Curtis Mitchell began to experience abdominal pain. His girlfriend, Sharon Edge, who was present, called 911 for an ambulance. An ambulance was dispatched to Mr. Mitchell's residence located in the Hazelwood section of Pittsburgh. The ambulance never reached Mr. Mitchell's residence. Due to the snow covered streets, the ambulance was unable to cross the Elizabeth Street Bridge, which was approximately a quarter mile from Mr. Mitchell's residence and necessary to cross to reach his residence.

The emergency medical technicians (“EMTs”) called Mr. Mitchell by telephone and informed him that they could not reach his residence, and directed him to walk the quarter mile distance to meet the ambulance. Ms. Edge explained to the 911 operator that Mr. Mitchell could not walk that distance because of his abdominal pain, nor could she carry him that distance. The EMTs abandoned the call and left the area.

Ms. Edge called 911 again sometime after the ambulance left. In the early morning of February 6, 2010, the 911 dispatcher informed Mr. Mitchell that a second ambulance was on its way. The second ambulance, however, was also unable to cross the Elizabeth Street Bridge because of the snow covered streets. Mr. Mitchell was once again asked to walk to the ambulance. Mr. Mitchell informed the 911 operator that he could not walk down the steps at his residence to meet the second ambulance because of his abdominal pain. The EMTs again abandoned the call and left the area.

Mr. Mitchell's condition continued to worsen and a third ambulance was dispatched to Mr. Mitchell's residence. The third ambulance was able to cross the Elizabeth Street Bridge, however due to the snow, it only got as close as approximately one block from Mr. Mitchell's residence. The EMTs called and asked Mr. Mitchell to walk to the ambulance. Ms. Edge informed the EMTs that Mr. Mitchell could not walk to meet the third ambulance because he had fallen asleep after taking prescription medication. The EMTs left the area.

At around 8:00 a.m. on February 7, 2010, Ms. Edge called 911 for the last time and informed the operator that Mr. Mitchell had died. Firefighters were dispatched to the scene and arrived at Mr. Mitchell's residence in approximately two minutes. During the course of Mr. Mitchell's medical emergency, Ms. Edge and Mr. Mitchell made approximately ten calls to 911 to request an ambulance.

II. LEGAL STANDARD

To survive a motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, a complaint must contain sufficient facts that, if accepted as true, state “a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, ––– U.S. ––––, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). A claim has facial plausibility when the plaintiff pleads facts that allow the court to “draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955). However, the court is “ ‘not bound to accept as true a legal conclusion couched as a factual allegation.’ ” Id. at 1950 (quoting Twombly, 550 U.S. at 555, 127 S.Ct. 1955).

Therefore, when deciding a motion to dismiss under Rule 12(b)(6), we must conduct a three-step inquiry. Santiago v. Warminster Twp., 629 F.3d 121, 130 (3d Cir.2010). First, we must “take note of the elements a plaintiff must plead to state a claim.” Id.; Iqbal, 129 S.Ct. at 1947. Next, we must identify the allegations that “are no more than conclusions [and] are not entitled to the assumption of truth.” Id.; Iqbal, 129 S.Ct. at 1950. Finally, “where there are well-pleaded factual allegations, a court should assume their veracity and determine whether they plausibly give rise to an entitlement of relief.” Id.

We may not dismiss a complaint merely because it appears unlikely or improbable that a plaintiff can prove the facts alleged or will ultimately prevail on the merits. Twombly, 550 U.S. at 556, 563 n. 8, 127 S.Ct. 1955. Instead, we must ask whether the facts alleged raise a reasonable expectation that discovery will reveal evidence of the necessary elements. Id. at 556, 127 S.Ct. 1955. In the end, if, in view of the facts alleged, it can be reasonably conceived that the plaintiff could, upon a trial, establish a case that would entitle him to relief, the motion to dismiss should not be granted. Id. at 563 n. 8, 127 S.Ct. 1955.

III. DISCUSSIONPlaintiffs allege that defendants violated Mr. Mitchell's right to liberty as guaranteed by the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Specifically, plaintiffs allege that defendants' failure to establish policies and procedures, and failure to train emergency medical technicians, resulted in Mr. Mitchell being abandoned even though he was in need of medical assistance. Plaintiffs further allege that defendants, acting under color of state law, affirmatively created a danger to Mr. Mitchell because he relied upon assurances from defendants that emergency aid was forthcoming and therefore did not seek alternative forms of assistance.

Defendants all move to dismiss on the ground that plaintiffs' section 1983 claim fails to establish a violation of any federal law or Constitutional right. Specifically, defendants argue that plaintiffs' federal claims must be dismissed because plaintiffs have not pled allegations sufficient to state a plausible claim of a substantive due process violation.

We will grant the motions to dismiss because, accepting plaintiffs' allegations as true, they have failed to state a claim of a substantive due process violation.

A. Section 1983

Under section 1983, civil remedies are provided to individuals who have sustained a deprivation of rights secured by the United States Constitution or federal law. 42 U.S.C. § 1983. “Section 1983 does not, by its own terms, create substantive rights; it provides only remedies for deprivations of rights established elsewhere in the Constitution or federal laws.” Kneipp v. Tedder, 95 F.3d 1199, 1204 (3d Cir.1996) (citing Baker v. McCollan, 443 U.S. 137, 144 n. 3, 99 S.Ct. 2689, 61 L.Ed.2d 433 (1979)). To establish a section 1983 claim a plaintiff must show a violation of a right secured by the United States Constitution or federal law and show that the deprivation was committed by a person acting under color of state law. Id. (citations omitted).

The Due Process Clause of the Fourteenth Amendment provides that no State shall “deprive any person of life, liberty, or property, without due process of law!” U.S. Const. amend. XIV § 1. The Due Process Clause is phrased as:

“a limitation on the State's power to act, not as a guarantee of certain minimal levels of safety and security. It forbids the State itself to deprive individuals of life, liberty, or property without ‘due process of law,’ but its language cannot fairly be extended to impose an affirmative obligation on the State to ensure that those interests do not come to harm through other means.”

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