Hunter v. Prisbe

984 F. Supp. 2d 345, 2013 WL 5201465, 2013 U.S. Dist. LEXIS 131427
CourtDistrict Court, M.D. Pennsylvania
DecidedSeptember 13, 2013
DocketCivil No. 1:12-CV-2013
StatusPublished
Cited by9 cases

This text of 984 F. Supp. 2d 345 (Hunter v. Prisbe) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hunter v. Prisbe, 984 F. Supp. 2d 345, 2013 WL 5201465, 2013 U.S. Dist. LEXIS 131427 (M.D. Pa. 2013).

Opinion

MEMORANDUM

MARTIN C. CARLSON, United States Magistrate Judge.

I. INTRODUCTION

Now pending before the Court is the defendants’ motion to dismiss the plaintiffs complaint, which alleges a variety of civil rights violations stemming from the issuance of a citation to the plaintiff by an off-duty police officer following a traffic dispute between the officer and the plaintiff. The motion is fully briefed and ripe for disposition. Following review of the briefs, it appears that the parties agree that several of the claims initially alleged in the complaint should be dismissed, but disagree as to the defendants’ arguments that the remaining claims have not been sufficiently pled to withstand a threshold motion to dismiss. For the reasons that follow, the defendants’ motion to dismiss will be granted, in part, and denied in part.

II. BACKGROUND

An overheated verbal exchange between a Harrisburg pedestrian and an off-duty police officer behind the wheel of his own vehicle appears to have inspired the above-captioned civil rights litigation. The plaintiff, Ryan Hunter, alleges that on May 6, 2012, shortly before 10:00 p.m., he and his wife were walking in downtown Harrisburg and had stopped on the sidewalk between the northwest corner of Second and Walnut Streets. According to the complaint, the crossing light indicated that [347]*347Mr. Hunter and his wife were clear to walk across the crosswalk, and they proceeded to do so. When the couple was approximately three-quarters of the way through the intersection, Steven Prisbe, a police corporal employed by the Harrisburg Bureau of Police, navigated his civilian sedan from Second Street onto Walnut Street, into the crosswalk, nearly striking the plaintiffs wife in the process. (Doc. 1, Compl. at ¶¶ 5-10.)

Concerned for his wife’s safety, the plaintiff proceeded to, in his words, “exercis[e] his right to freedom of speech guaranteed by the First Amendment to the U.S. Constitution, [by] remindfing] the driver of the sedan that in the Commonwealth of Pennsylvania pedestrians have a right-of-way.” (Id. at ¶ 11.) Although the plaintiff does not elaborate on what exactly he said to the driver of the sedan, it appears that whatever he said struck a nerve, and the driver of the sedan shouted at Mr. and Mrs. Hunter to remain where they were. (Id. at 12.) Thereafter, the plaintiff claims that the driver of the sedan “erratically pulled to the northwest corner of Second Street and Walnut Street and parked” before running across the street towards them, in spite of a “no walk” signal indicating that pedestrians were not permitted to cross at that time. (Id. at ¶ 14.)

Although he allegedly did not initially identify himself as a police officer, and presented in dark clothing with his shirttail untucked, the driver of the sedan nevertheless demanded that the plaintiff produce his driver’s license. (Id. at ¶ 16.) When the plaintiff asked why he should give his license to a civilian, the driver of the sedan asked the plaintiff if he • was “disobeying the lawful order of a police officer.” (Id. at ¶ 17.) Thereafter, the plaintiff produced his identification, which the driver of the sedan took with him to his vehicle where he made a phone call. (Id. at ¶ 19.) After a few minutes, the driver came back and informed the plaintiff that he would be receiving a citation in the mail. (Id.) When Mr. Hunter asked why he would be getting a citation, the driver of the vehicle told Mr. Hunter to “just keep talking and see what happens.” (Id. at ¶20.) Mr. Hunter persisted in asking why he would be receiving a citation, and the driver of the sedan — apparently by this time identified as Corporal Steven Prisbe — took the plaintiff’s driver’s license, returned to this vehicle, and drove off. (Id. at ¶ 21.)

The plaintiff and his wife went to the nearby police station at 123 Walnut Street to retrieve his identification, but no one at the station would respond to their requests. (Id.) After returning home, Mr. Hunter called the police station several times to request the return of his license, but the police department refused to do so, and similarly refused a request made by the plaintiffs wife. (Id. at ¶ 22.)

The following day, May 7, 2012, the plaintiff’s wife called the police station to report what she believed to have been the unlawful conduct of Corporal Prisbe. She was informed that Mr. Hunter’s identification was at the station and available to be retrieved. She also learned that Corporal Prisbe had issued an incident report indicating that Mr. Hunter refused to take his license back the previous day. (Id. at ¶ 23.) When Mr. Hunter called the station to complain about Corporal Prisbe’s conduct, he was told by Corporal Prisbe’s supervisor that his conduct was “acceptable.” (Id. at ¶ 24.)

On May 29, 2012, Mr. Hunter submitted a Citizen’s Complaint Form regarding the May 6, 2012 incident. (Id. at ¶ 26.) On May 21, 2012, Corporal Prisbe filed a traffic citation against Mr. Hunter for Failure of Pedestrian to Exercise Care, in violation [348]*348of 75 Pa.C.S. § 3542.1 (Id. at ¶ 27.) On August 2, 2012, Mr. Hunter was found not guilty of the citation. (Id. ¶ 28.)

On October 5, 2012, the plaintiff filed a complaint to initiate this lawsuit. (Doc. 1.) The complaint alleges that the defendants’ conduct was undertaken in retaliation, or in order to curtail, the plaintiff from “engaging in expressive speech in this public forum,” and thus violated the plaintiffs rights under the First Amendment. (Doc. 1, Count I.) In Count II, the plaintiff alleges that the “individual defendants” violated his rights under the Fourth, Fifth, and Fourteenth Amendments by subjecting him to a false arrest, and detaining the plaintiff, with no lawful basis to do so. (Doc. 1, Count II.) In Count III, the plaintiff brings a claim for malicious prosecution arising out of the criminal proceedings that were terminated in his favor on the charge of failing to exercise care. (Doc. 1, Count III.) In Count IV, the plaintiff alleges that the defendants falsely imprisoned him, in violation of the Fourteenth Amendment. (Doc. 1, Count IV.) Lastly, in Count V, the plaintiff brings a Monell claim for municipal liability against the City of Harrisburg, alleging that “[t]he City maintained policies, practices, and customs, which were the moving force that resulted in the plaintiffs constitutional rights being violated,” and that despite being on notice of the need for policies or further training for its officers, the City failed to fulfill its obligation to provide such. (Doc. 1, at Count V.)

On December 4, 2012, the defendants moved to dismiss all counts in the complaint, with the exception of the plaintiffs claim for alleged First Amendment violations in Count I, and the malicious prosecution claims set forth in Count III.2 (Doc. 14). The defendants filed a brief in support of their motion on December 18, 2012. (Doc. 15.) After the defendants moved to dismiss, the parties participated in mediation proceedings, which ultimately were unsuccessful, and the plaintiff filed a brief in opposition to the motion on February 1, 2013. (Doc. 20.) On February 15, 2013, the defendants filed a reply brief in further support of their motion.

III. STANDARD OF REVIEW

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
984 F. Supp. 2d 345, 2013 WL 5201465, 2013 U.S. Dist. LEXIS 131427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-v-prisbe-pamd-2013.