Donnelly v. Kutztown Area Transport Service, Inc.

198 F. Supp. 3d 499, 2016 WL 4063905, 2016 U.S. Dist. LEXIS 99242
CourtDistrict Court, E.D. Pennsylvania
DecidedJuly 29, 2016
DocketCIVIL ACTION NO. 16-1128
StatusPublished

This text of 198 F. Supp. 3d 499 (Donnelly v. Kutztown Area Transport Service, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Donnelly v. Kutztown Area Transport Service, Inc., 198 F. Supp. 3d 499, 2016 WL 4063905, 2016 U.S. Dist. LEXIS 99242 (E.D. Pa. 2016).

Opinion

MEMORANDUM OPINION

Smith, District Judge

The plaintiff, Michael Donnelly (“Don-nelly”), a student at Kutztown University (the “University”) in 2014, has sued a provider of emergency medical care (but not the University) and two of its employees in connection with an underage drinking incident on campus. The essentials of the incident are largely undisputed. Corporal Paul Long (“Corporal Long”) of the University’s Department of Public Safety responded to a call from a building administrator concerning the presence of alcohol in Don-nelly’s dorm room. After observing that Donnelly appeared to be visibly intoxicated, Corporal Long administered a breath test, which registered a blood-alcohol concentration of 0.111%. Upon obtaining this result, Corporal Long put in a call for an alcohol evaluation. He requested an evaluation only of Donnelly, despite there being six other underage students in the room who had admitted to alcohol use. In turn, and after being notified through a chain-of-communication that the University required its services, the defendant, Kutz-town Area Transport Service, Inc. (“KATS”), through its employees, arrived on the scene and ultimately transported Donnelly to the hospital. Although Donnelly’s blood-alcohol concentration had risen [501]*501to a level of 0.124% by the time he was evaluated at the hospital, he was released in short order.

The broader context of this incident is, in contrast, hotly disputed as Donnelly maintains that he has fallen victim to the “Kutztown Special.”1 While the precise nature and breadth of this scheme remains unclear, Donnelly suggests that it is something like a tacit conspiracy between the University and KATS to exploit college underage drinking—an “alcohol epidemic” 2—for their mutual benefit. While University police officers would create the conditions for a medical transport, the conspiracy goes, KATS would then bill students for unnecessary medical expenses. In return, the University would be able to insulate itself from any liability related to an intoxicated student’s actions by getting him or her off the campus and into a hospital until he or she sobered up. The defendants naturally take issue with this characterization of what they view as an otherwise routine business (no doubt public-service oriented) relationship.

With this dispute came litigation and Donnelly now seeks to expose the conspiracy through the courts. In addition to a variety of state-law claims, he advances a claim under 42 U.S.C. § 1983 based on a violation of his Fourth Amendment rights. But he has only sued private actors and such a claim requires some form of state (governmental) action. So he argues that the conspiracy can move this case from the private to the public realm. Because the parties have conducted discovery with respect to the state-action issue, evidence must support this argument. Unfortunately for Donnelly, the evidence actually produced would not allow a reasonable jury to credit his state-action argument. The court therefore enters judgment in favor of the defendants on the section 1983 claim. All is not lost for Donnelly, however, for he originally wanted to be in state court. He is only here because of the removal process. With the federal claim out of the picture, he will get his first-choice forum back.

I. PROCEDURAL HISTORY

Donnelly commenced this action by filing a complaint against the defendants, KATS and two of its employees (Clarence E. Howell (“Howell”) and Matthew K. Angstadt (“Angstadt”)), on February 2, 2016, in the Court of Common Pleas of Bucks County. See Compl. Before filing a response to the complaint, the defendants removed this matter to federal court on March 10. See Notice of Removal, Doc. No. 1. They subsequently filed a motion to dismiss on March 18. See Mot. to Dismiss, Doc. No. 3. In that motion, the defendants asked the court to dismiss not only Don-nelly’s section 1983 claim, but also to dismiss one of his various state-law claims and to strike his request for punitive damages as well. See id. Noting that the vitality of Donnelly’s federal claim, as the only claim anchoring this court’s original jurisdiction, would likely be forum-determinative, the court ordered expedited discovery on the state-action issue (the sole ground raised concerning the dismissal of the section 1983 claim) and reserved discussing any other issues. See Order, Doc. No. 5. After the completion of discovery, the defendants filed a motion for summary judgment on June 8 limited to the issue of state action. See Mot. for Summ. J., Doc. No. 17. Donnelly filed his response to the motion on June 22. See Pl.’s Resp. The defendants filed a reply brief on June 28. See Reply, Doc. No. 21. The court held oral argument on July 1.

[502]*502II. FACTUAL, BACKGROUND

For purposes of setting up the state-action analysis, the following facts are recited after viewing the summary judgment record in the light most favorable to Don-nelly, which essentially means that the court credits his story.3 The court begins with some contextual facts and moves towards the particulars surrounding Donnelly’s February 5, 2014 encounter with KATS.

KATS is the primary emergency medical services provider for the University, having continuously served it since 1984. See Pl.’s Statement of Facts at ¶¶ 49-50, Doc. No. 20. “On average, KATS conducts 350 transports from the grounds of [the University] each year.” Id. at ¶ 51 (footnote omitted). KATS operates from a location that is a “2.0 mile drive away from the center of campus.” Defs.’ Statement of Facts at ¶ 4, Doc. No. 17; see Pl.’s Statement of Facts at ¶ 4. In some contrast to the University itself, KATS is a “private business entity.” PL’s Statement of Facts at ¶ 5; see Defs.’ Statement of Facts at ¶ 5.

In addition to providing emergency medical services, KATS “also provided taxi-style transportation for students going to off-campus medical, non-emergency appointments on a year to year basis beginning. . .with the 2015/2016 school year.” Defs.’ Statement of Facts at ¶¶ 6-7; see PL’s Statement- of Facts at ¶¶ 6-7. Moreover, “KATS, along with other local ambulance agencies, would provide standby services during university functions, such as during commencement proceedings and athletic events, on a per event, as-needed basis.” Defs.’ Statement of Facts at ¶ 9; see PL’s Statement of Facts at ¶¶ 9, 56. Besides providing these services to students, KATS trained University police “in the use of Narcam [sic],4 an overdose treatment designed to reverse the effects of a narcotic overdose.” Defs.’ Statement of Facts at ¶8; see PL’s Statement of Facts at ¶8. KATS also helped the University in drafting applicable protocols concerning its use. See PL’s Statement of Facts at ¶ 53.

A collaborative relationship between KATS and the University also seems to have played a role in formulating (perhaps “reformulating” would be more accurate) University policy initiatives dealing with college drinking.5 See PL’s Statement of Facts at ¶ 10. Originally, the University drafted its “policy governing the handling of intoxicated students” at a time when its Health Center operated around the clock. Id. at ¶ 32.

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Bluebook (online)
198 F. Supp. 3d 499, 2016 WL 4063905, 2016 U.S. Dist. LEXIS 99242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donnelly-v-kutztown-area-transport-service-inc-paed-2016.