Jason Spears v. Pasquale Leporace

449 F. App'x 187
CourtCourt of Appeals for the Third Circuit
DecidedNovember 3, 2011
Docket11-1679
StatusUnpublished
Cited by1 cases

This text of 449 F. App'x 187 (Jason Spears v. Pasquale Leporace) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jason Spears v. Pasquale Leporace, 449 F. App'x 187 (3d Cir. 2011).

Opinion

OPINION

PER CURIAM.

Jason Spears filed a pro se complaint pursuant to 42 U.S.C. § 1983, alleging that a Reading police officer, Pasquale Lepo-race, unlawfully seized and searched him in violation of the Fourth Amendment (which led to the discovery of a gun and to his arrest). In addition to Leporace, Spears initially sued the Reading Police Department, but the District Court permitted him to amend the complaint to name the City of Reading as a defendant instead. The defendants filed a motion for summary judgment, which the District Court granted. The District Court concluded that Leporace was entitled to qualified immunity for his actions and that the City of Reading could not be held liable on the theory of liability that Spears advanced. Spears appeals.

We have jurisdiction pursuant to 28 U.S.C. § 1291. We exercise plenary review over the District Court’s grant of summary judgment in favor of the defendants. Abramson v. William Paterson College, 260 F.3d 265, 276 (3d Cir.2001).

First, we note that it is not entirely clear if Spears challenges the District Court’s disposition of the claim against the City of Reading. However, to the extent he does challenge it, as the District Court explained, Spears did not present the eviden-tiary support necessary to sustain his claim of liability. See Monell v. New York City Dep’t of Soc. Servs., 436 U.S. 658, 690-92, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978); Watson v. Abington Twp., 478 F.3d 144, 155-57 (3d Cir.2007). Accordingly, the District Court properly granted summary judgment in favor of the City of Reading.

The District Court also properly concluded that Leporace was entitled to summary judgment on qualified immunity grounds. Qualified immunity shields government officials from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). The inquiry into the applicability of qualified immunity has two parts: (1) whether the plaintiff demonstrated the deprivation of a constitu *189 tional right, and (2) whether that right was established at the time of the alleged deprivation. See Pearson v. Callahan, 555 U.S. 223, 232, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (citing the test set forth in Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001)). The circumstances in any particular case determine which part of the test is addressed first. See id. at 236, 129 S.Ct. 808. The standard allows “ample room for mistaken judgments by protecting all but the plainly incompetent or those who knowingly violate the law.” Kelly v. Borough of Carlisle, 622 F.3d 248, 254 (3d Cir.2010) (citations and quotations omitted). However, an immunity defense ordinarily fails where the law is clearly established, because “a reasonably competent public official should know the law governing his conduct.” Id. (citation and quotation omitted).

The right at issue is the Fourth Amendment’s protection against “unreasonable searches and seizures.” U.S. Const, amend. IV. Searches and seizures must be justified at their inception, and their scope must be reasonably related to the circumstances that justified the interference initially. See Terry v. Ohio, 392 U.S. 1, 19-20, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). A police officer may conduct a brief investigatory stop and a reasonable search for weapons for his own protection “where he has reason to believe that he is dealing with an armed and dangerous individual.” Id. at 27, 88 S.Ct. 1868. The “issue is whether a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger.” Id. (citations omitted). Due weight is accorded to specific reasonable inferences that stem from the facts in light of an officer’s experience, but not to a mere “hunch.” Id. Essentially, under the whole circumstances, the officer “must have a particularized and objective basis for suspecting the particular person stopped of criminal activity.” United States v. Cortez, 449 U.S. 411, 417-18, 101 S.Ct. 690, 66 L.Ed.2d 621 (1981); see also United States v. Brown, 159 F.3d 147, 149 (3d Cir.1998) (summarizing the test for reasonable suspicion).

Factors that support reasonable suspicion include the presence of a suspect in a high crime area, behavior that is nervous or evasive, and “behavior that conforms to police officers’ specialized knowledge of criminal activity.” United States v. Torres, 534 F.3d 207, 211 (3d Cir.2008) (citation and quotation omitted); see also United States v. Goodrich, 450 F.3d 552, 561 (3d Cir.2006) (listing also the time of day, or, more specifically, a late hour, particularly in a high crime area, as a factor). An officer can act reasonably in stopping a man whose acts, when viewed in isolation, were entirely legal, as long as the acts, taken in combination with other circumstances, give rise to a reasonable suspicion of criminal activity. See Johnson v. Campbell, 332 F.3d 199, 207-08 (3d Cir.2003).

In this case, the defendants pointed to specific facts that supported reasonable suspicion. They produced evidence that Leporace arrived (with other officers from the vice division of the Reading Police Department) around 11:00 p.m. to investigate complaints of drug dealing at a bar called Travelers Pub. The bar is in a high-crime area 1 and had been the subject of *190 many similar complaints. Leporace, based on his 17 years of experience on the police force (12 of them in the vice division), knew that guns are often present where there is drug dealing. He also knew that individuals who carry guns often conceal them in their waistbands, perform “security checks” of their weapons to be sure the weapon is in place, and wear heavy clothes to hide the outline of a firearm.

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Bluebook (online)
449 F. App'x 187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jason-spears-v-pasquale-leporace-ca3-2011.