GREENBERG v. MCEWEN

CourtDistrict Court, W.D. Pennsylvania
DecidedApril 25, 2025
Docket2:24-cv-00517
StatusUnknown

This text of GREENBERG v. MCEWEN (GREENBERG v. MCEWEN) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
GREENBERG v. MCEWEN, (W.D. Pa. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA JASON GREENBERG, ) ) ) 2:24-CV-517 Plaintiff, ) ) v. ) ) D. NEIL MCEWEN, et al., ) ) ) Defendants. )

MEMORANDUM ORDER Plaintiff Jason Greenberg, proceeding pro se, brings 18 federal and state-law claims, in connection with his arrest on August 24, 2023, against the following 10 Defendants: Mercer County Judges D. Neil McEwen and Ronald D. Amrhein Jr.; Bruce Rosa and David Moyer of the Mercer County Sheriff’s Department; Mercer County Domestic Relations employees Leila Joseph and Stephanie Balsamo; Mercer County Detective Thomas Mack; Mercer County; Sandy Lake Police Chief Mark Jaskowak; and Stoneboro Police Chief Charles Turick. All Defendants have moved to dismiss the complaint. ECF 16 (Judges McEwen and Amrhein); ECF 24 (Chief Jaskowak); ECF 32 (Officer Turick); ECF 34 (Mercer County Defendants). After careful review, and construing Mr. Greenberg’s pro se complaint liberally, as required, the Court finds that dismissal is appropriate because the complaint fails to plead sufficient allegations to state plausible claims for relief under federal law as to any of the Defendants. The Court also declines to exercise supplemental jurisdiction over the state-law claims. That said, the Court will also grant Mr. Greenberg leave to file an amended complaint. According to the police incident report (attached to the complaint as an exhibit, ECF 1-1, p. 31), Mr. Greenberg was arrested on August 24, 2023 pursuant to a warrant issued three days earlier by Judge McEwen for failing to comply with a prior court order.1 That day, Detective Mack and other officers attempted to execute the arrest warrant by initiating a traffic stop on Mr. Greenberg after he dropped off his children at school. Id., p. 32; ECF 1, ¶ 102. The officers had set up a perimeter around the school, and were aware that Mr. Greenberg’s 17-year-old daughter was in the car with him when they initiated the stop. ECF 1-1, p. 32; ECF 1, ¶¶ 108-10. However, Mr. Greenberg didn’t pull over, and continued to drive for about 1.1 miles. ECF 1-1, p. 32. The officers then attempted to use a rolling roadblock to box Mr. Greenberg in, but he eluded those efforts, and continued to turn into the driveway of his home. Id. As Mr. Greenberg pulled into his driveway, according to the police report, the officers used a “pursuit intervention maneuver” (known as a “PIT” maneuver) that involved striking the rear of Mr. Greenberg’s car with the front end of a Sheriff’s vehicle, at a “slow speed, estimated to be 15 mph.” Id. The first time this technique was used, Mr. Greenberg “steer[ed]” out of it, and continued down his

1 In deciding a motion to dismiss, the Court may properly consider the exhibits attached to the complaint, matters of public record, and “an undisputedly authentic document that a defendant attaches as an exhibit to a motion to dismiss if the plaintiff’s claims are based on the document.” Pension Ben. Guar. Corp. v. White Consol. Indus., Inc., 998 F.2d 1192, 1196 (3d Cir. 1993). The Court thus may properly consider the police incident report, which is attached to the complaint, and the arrest warrant, which is attached to the Mercer County Defendants’ motion (ECF 34-1, p. 2), is referenced in the complaint, and forms the basis of Mr. Greenberg’s claims. The Court is mindful that the police incident report can only be considered to the extent that it isn’t inconsistent with the allegations in the complaint. Kwanzaa v. Tell, No. 21-1939, 2022 WL 16756334, at *3 (3d Cir. Nov. 8, 2022). Therefore, to the extent that the facts in the police report cannot be reconciled with the facts alleged in the complaint, the facts in the complaint prevail. That said, the police report’s description of how the arrest was carried out on August 24, 2023 is consistent with (and tends to supplement) the allegations in the complaint. Mr. Greenberg claims that there are “false statements made by Defendants Mack, Moyer, Turick and Jaskowak in the police report[,]” but does not specify which facts in the police report he is disputing. ECF 1, ¶ 133. He does, however, dispute the truthfulness of the information that was conveyed to the officers prior to the arrest (i.e., that he was a sovereign citizen and had heavy military equipment at home). Id. at ¶¶ 156-164. driveway, but the second time the technique was used, Mr. Greenberg’s car spun 180 degrees and came to a stop. Id. Mr. Greenberg alleges that the officers stopped his vehicle in his driveway “by ramming into it and spinning the vehicle around using Sheriff cars.” ECF 1, ¶ 75. Mr. Greenberg “promptly and peacefully” exited his car, while the officers had their guns drawn and pointed at him and his daughter. Id. at ¶¶ 104-06. There was also a K-9 unit on scene that was “frantically barking and trying to attack Mr. Greenberg and his daughter.” Id. Mr. Greenberg was placed in handcuffs and put into the back of a sheriff’s car, where he was shown a warrant through the plexiglass window, and then taken to the Mercer County Jail. Id. at ¶¶ 76-80. He was charged with Fleeing or Attempting to Elude Officer; Flight to Avoid Apprehension; and Endangering Welfare of Child. A charge for Disorderly Conduct was added by information on August 19, 2024. On September 24, 2024, he was sentenced to one year of probation for Disorderly Conduct, for which he entered a nolo contendere plea. See Mercer County Court of Common Pleas Docket CP-43-CR- 0001211-2023. Based on these allegations, Mr. Greenberg filed the present suit against a number of government officials involved in the court proceedings and arrest. Defendants have filed motions to dismiss, which have been fully briefed and so are ready for disposition. As explained below, all of Mr. Greenberg’s federal claims are insufficiently pled.2

2 While the Mercer County Defendants and Officer Turick argue that Younger abstention bars all the claims, this doctrine doesn’t apply because, according to current public records, the state-court case has been adjudicated and there is a final judgment. See Mercer County Court of Common Pleas Docket CP-43-CR-0001211- 2023; Hernandez v. Masinick, No. 22-00198, 2023 WL 1475103, at *4 (M.D. Pa. Feb. 2, 2023) (“[I]n the absence of an ongoing state judicial proceeding, abstention is not warranted.” (cleaned up)). Count 1 – False Arrest. Mr. Greenberg’s claim for false arrest under Section 1983 fails because he doesn’t allege facts “establishing that he was arrested without probable cause.” Kennedy v. City of Philadelphia Police Dep’t, No. 23-2401, 2023 WL 5044968, at *3 (E.D. Pa. Aug. 7, 2023). The officers were carrying out an arrest pursuant to a bench warrant for failing to comply with a prior court order, and although Mr. Greenberg alleges in a conclusory manner that the officers made false statements in the police report (ECF 1, ¶ 133), there aren’t allegations that the officers “knowingly and deliberately, or with a reckless disregard for the truth, made false statements or omissions that create a falsehood in applying for a warrant; and

Separately, the claims against Judges McEwen and Amrhein are barred by judicial immunity, which applies “so long as the suit challenges a judicial act that was not taken in the clear absence of all jurisdiction.” Malhan v. Katz, 830 F. App’x 369, 371 (3d Cir. 2020) (cleaned up). “An act is judicial if (1) it is a function normally performed by a judge; and (2) the parties dealt with the judge in his judicial capacity.” Id. (cleaned up). And generally, “where a court has some subject matter jurisdiction, there is sufficient jurisdiction for immunity purposes.” Figueroa v. Blackburn, 208 F.3d 435, 443-44 (3d Cir. 2000) (cleaned up).

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Bluebook (online)
GREENBERG v. MCEWEN, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenberg-v-mcewen-pawd-2025.