Chadwick v. Dauphin County Office of the Coroner

905 A.2d 600, 2006 Pa. Commw. LEXIS 448, 2006 WL 2370204
CourtCommonwealth Court of Pennsylvania
DecidedAugust 17, 2006
Docket605 C.D. 2005
StatusPublished
Cited by30 cases

This text of 905 A.2d 600 (Chadwick v. Dauphin County Office of the Coroner) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chadwick v. Dauphin County Office of the Coroner, 905 A.2d 600, 2006 Pa. Commw. LEXIS 448, 2006 WL 2370204 (Pa. Ct. App. 2006).

Opinions

OPINION BY

Judge LEAVITT.1

Denise Chadwick appeals from an order of the Dauphin County Court of Common Pleas (trial court) dismissing her action against the Dauphin County Office of the Coroner. Chadwick filed an action in mandamus for the purpose of forcing the Coroner to revise his conclusion that her brother, Randolph Chadwick, Jr., died by his own hand, which was contrary to the conclusion of Chadwick’s medical expert that her brother’s death was accidental. Because a writ of mandamus cannot be issued to order a public official to exercise discretion in a particular way, we affirm.

Randolph Chadwick, Jr. (Decedent) died on June 27, 2001, and was found two days later in his blood-stained apartment. Because of these circumstances, the death was investigated. At the request of the Coroner, Wayne K. Ross, M.D., a forensic pathologist, conducted an autopsy. Dr. Ross also reviewed Decedent’s medical records, conferred with the investigating police officers and studied the photographs of the scene of death. Medical records indicated signs of depression; the day before he died, Decedent consulted his doctor [602]*602for his sleeping problems.2 A window in the apartment where Decedent was found had been smashed, leaving glass strewn throughout the apartment as well as on the ground 14 stories below. The broken glass was the source of numerous, albeit superficial, cuts to Decedent’s arms. The autopsy found, in addition to the cuts, bite marks on Decedent’s tongue; pulmonary edema; congestion in the lungs; and a blood cocaine level of 630 nanograms per milliliter and a blood Benzolecgonine level of 1600 nanograms per milliliter. Dr. Ross concluded that Decedent died from a loss of blood caused by self-inflicted cuts to his arms and that his death was a suicide. The Coroner agreed and so issued his report and death certificate.

Upon receipt of the Coroner’s report, Chadwick, who is the administrator of her brother’s estate, engaged Sanford Edberg, M.D., a pathologist, to review the autopsy report, the Coroner’s report, police reports, the decedent’s medical records and photographs of the scene. Dr. Edberg opined that the death was not a suicide but an accident caused by complications of smoking crack cocaine.3 Chadwick forwarded Dr. Edberg’s report to the Coroner for his review and requested the Coroner to reconsider his determination that Decedent committed suicide. Although the Coroner agreed with Dr. Edberg’s opinion that the “ingestion of cocaine played a role in the judgment and death of Decedent,” the Coroner declined to issue a new death certificate. R.R. 112a.

Chadwick then initiated a mandamus action, seeking to have the Coroner ordered to change the cause and manner of death from suicide to accident. The complaint alleged that the Coroner failed to fulfill his statutory duties to investigate and that he acted arbitrarily in refusing to change the death certificate to show that the death was accidental. The Coroner filed preliminary objections, asserting that Chadwick lacked standing and that her complaint failed to state a claim upon which relief could be granted. The trial court sustained the Coroner’s preliminary objections.

The trial court held that Chadwick lacked standing because she did not have an interest in Decedent’s reputation either in her individual capacity, as a surviving family member, or in her capacity as representative of the estate. The trial court also held that the complaint failed to allege facts to support the claim that the Coroner acted arbitrarily in refusing to revise his report. The fact that Chadwick’s medical expert disagreed with the Coroner’s expert did not, in the view of the trial court, render the Coroner’s decision arbitrary. Consequently, the trial court dismissed Chadwick’s mandamus action. Chadwick now appeals from this decision.4

[603]*603Before this Court, Chadwick raises two issues. First, she contends that the trial court erred in concluding that she lacked standing to challenge the official report on her brother’s death, distinguishing her action from this Court’s precedent holding that a survivor lacks such standing. Chadwick’s standing, she asserts, is derived from the interest of her brother’s estate. Second, she contends that because the complaint pled facts sufficient to support a claim that the Coroner acted arbitrarily, it was error for the trial court to dismiss her mandamus action. We consider these issues in reverse order.

We begin with a review of the principles of mandamus. The common law writ of mandamus lies to compel a public official’s performance of a ministerial act or a mandatory duty. It is not available to revise a public official’s decision that results from the exercise of discretion. 18 STANDARD PENNSYLVANIA PRACTICE 2d § 99:18 (2005). As a high prerogative writ, mandamus writs are rarely issued and never where the plaintiff seeks to interfere with a public official’s exercise of discretion. These fundamentals have long been honored by this Court. In Bradley v. Casey, this Court stated that

[t]he requirements to sustain an action in mandamus are clear. It is an extraordinary remedy designed to compel public officials to perform a ministerial act or mandatory duty....

119 Pa.Cmwlth. 180, 547 A.2d 455, 458 (1988). Similarly, in Nader v. Hughes, 164 Pa.Cmwlth. 434, 643 A.2d 747, 753 n. 13 (1994) (emphasis added), we observed that mandamus is appropriate to “compel the public official to perform acts which are required or obliged to be performed and which do not involve an exercise of discretion or judgment.”

It is true that a writ of mandamus can be used to compel a public official to exercise discretion where he refuses to do so. When it first recited this maxim, our Supreme Court explained as follows:

But where by a mistaken view of the law or by an arbitrary exercise of authority there has been in fact no actual exercise of discretion, the writ will lie.

Tanenbaum v. D’Ascenzo, 356 Pa. 260, 263, 51 A.2d 757, 758 (1947) (citing Marland v. Hoffman, 184 Okla. 591, 89 P.2d 287 (1939)) (emphasis added). In this above-quoted passage, the Supreme Court explained that a public official’s refusal to act could be intentional, i.e., arbitrary, or unintentional, i.e., a failure to understand the law. Tanenbaum established that a refusal to exercise discretion may be addressed in a mandamus action. Tanenbaum did not establish that where discretion has been exercised and plaintiff believes the exercise to have been arbitrary, the discretionary act can be revised in a mandamus action.

In a subsequent restatement of Tanen-baum, the Supreme Court stated

It is well settled that in a mandamus proceeding a court can compel a public official who is vested with a discretionary power to exercise that discretion; but (unless the discretion is arbitrarily or fraudulently exercised or is based upon a mistaken view of the law) it cannot interfere with or control the official’s discretion or judgment.

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Bluebook (online)
905 A.2d 600, 2006 Pa. Commw. LEXIS 448, 2006 WL 2370204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chadwick-v-dauphin-county-office-of-the-coroner-pacommwct-2006.