Finneman v. Septa

308 F. Supp. 3d 855
CourtDistrict Court, E.D. Pennsylvania
DecidedApril 13, 2018
DocketCIVIL ACTION NO. 15–1654
StatusPublished
Cited by2 cases

This text of 308 F. Supp. 3d 855 (Finneman v. Septa) 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
Finneman v. Septa, 308 F. Supp. 3d 855 (E.D. Pa. 2018).

Opinion

EDUARDO C. ROBRENO, UNITED STATES DISTRICT JUDGE

This civil rights action arises out of Plaintiff's arrest at a Southeastern Pennsylvania Transportation Authority ("SEPTA")1 station, and subsequent prosecution. Plaintiff Nasir Finneman2 ("Finneman") alleges that Defendant Melody Campbell ("Campbell") violated his Fourteenth Amendment rights by falsely reporting to authorities that Finneman had attempted to rob and assault her. Based on Campbell's report, Finneman was arrested and spent five days in jail. Finneman now seeks damages from Campbell for malicious prosecution by initiating proceedings against him without probable cause. Following a bench trial, and pursuant to Federal Rule of Civil Procedure 52(a), this Memorandum constitutes the Court's findings of fact and conclusions of law. Ultimately, for the following reasons, the Court will enter judgment for Campbell.

I. PROCEDURAL BACKGROUND

Finneman filed a pro se complaint on April 7, 2015, which contained claims against various defendants. ECF No. 3. Eventually, he obtained a lawyer, and his claims went through several rounds of pleadings and dismissal before discovery began. After several motions to dismiss and amended complaints, the Defendants filed motions for summary judgment as to the remaining claims. ECF Nos. 62, 63.

The Court granted the Defendants' motions for summary judgment as to all claims except those against Campbell, ECF Nos. 70, 71, leaving Campbell as the sole remaining defendant, and malicious prosecution (under 42 U.S.C. § 1983 and the Fourteenth Amendment, as well as state law) as the only remaining claims.

The Court then held a bench trial, beginning on February 26, 2018. See ECF No. 90. There, Campbell called three witnesses: SEPTA Police Sergeant Daniel Caban, SEPTA station manager William Dicks, and Campbell herself. Finneman called only himself as a witness. The Court has reviewed this testimony and Campbell's proposed findings of fact and conclusions of law,3 ECF No. 96, as well as the exhibits admitted at trial. Upon this record, including credibility determinations, the Court makes its findings of fact and conclusions of law.

II FINDINGS OF FACT

At the time of the incident, Campbell was employed by SEPTA as a cashier. Trial Tr. Day 2 at 138:1-4. ECF No. 96 *857Ex. A. As a SEPTA cashier, Campbell sold train tokens and transit passes, collected fares, and handled money. Id. at 138:5-13. On April 4, 2013, Campbell was working, alone, at the SEPTA Kensington and Allegheny station ("the Station"), which is located in a high-crime and high-drug area. Id. 4:23-25; 144:23 to 145:1. That night, Campbell was working the "late shift," which lasted from approximately 3:30 p.m. to 12:50 a.m. the next day. Id. at 138:23 to 139:24; 140:22 to 141:11. Campbell was working from inside the cashier booth at the Station, which is a small room (approximately five feet by seven feet) with one door to enter and exit. Id. at 142:19 to 143:5. This door locks automatically when it is fully closed. Id. at 147:22 to 148:5; 149:1-5. Also, the booth contains a telephone that allows on-duty cashiers to call the SEPTA control center and speak to a dispatcher. Id. at 146:13 to 147:3.

Passengers who want to take a train enter the Station at the ground or street level and have the option of taking the stairs or escalator up to the second level, which is the train platform level. Id. at 76:18 to 77:11. The cashier booth where Campbell was working is located on the train platform level, at the top of the stairs and the top of the escalator. Id. at 16:5-7; 79:14-17. Adjacent to the booth is a turnstile that passengers must pass through in order to enter the train platform. Id. at 77:12-25.

On April 4, 2013, at approximately 11:00 p.m., Campbell exited the cashier booth to use the restroom, which was located several feet from the booth. Id. at 150:5-25 to 151:1-12. When she exited the booth, she closed the door behind her, and it locked automatically. Id. at 151:13-21. Campbell remained in the bathroom for approximately nine minutes. See id. at 150:5-25 to 151:1-12; 153:11-21.

At approximately 11:08 p.m., Finneman entered the Station and used the escalator to go up to the train platform level. Id. at 16:5-7; 21:5-14; 79:14-17. On the escalator, Finneman noticed another person behind him on the escalator, that Finneman thought looked suspicious. Id. at 23:16-25; 24:1-6; 25:8-21. This person appeared to be a male dressed in dark clothing, including a hooded sweatshirt.

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Bluebook (online)
308 F. Supp. 3d 855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/finneman-v-septa-paed-2018.