Ridge v. Campbell

984 F. Supp. 2d 364, 2013 WL 5781872, 2013 U.S. Dist. LEXIS 153219
CourtDistrict Court, M.D. Pennsylvania
DecidedOctober 25, 2013
DocketCase No. 13-CV-01577
StatusPublished
Cited by15 cases

This text of 984 F. Supp. 2d 364 (Ridge v. Campbell) 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
Ridge v. Campbell, 984 F. Supp. 2d 364, 2013 WL 5781872, 2013 U.S. Dist. LEXIS 153219 (M.D. Pa. 2013).

Opinion

MEMORANDUM

SYLVIA H. RAMBO, District Judge.

In this Section 1983 civil rights action, Plaintiff has sued two Pennsylvania Fish and Boat Commission officers, the Sheriff of Adams County, Pennsylvania, and a Pennsylvania Court of Common Pleas judge for various alleged violations of his constitutional rights1 arising out of a series of events that occurred after Plaintiff failed to pay a fine issued against him by the Pennsylvania Fish and Boat Commission. Plaintiff alleges, inter alia, that the Fish and Boat Commission officers acted outside their authority and used excessive force in the execution of a “failure to pay” warrant, that the judge made numerous errors during Plaintiffs trial, and that deputies from the Adams County Sheriffs department knowingly arrested him on a closed warrant. Presently before the court are motions to dismiss filed by each of the defendants.2 (Docs. 6, 8, 12.) For the reasons that follow, the court will grant each motion to dismiss, but will provide Plaintiff leave to amend the complaint with respect to his allegations against Defendant James Muller.

1. Background

A. Procedural History

Proceeding in this matter pro se, Plaintiff, Luther T. Ridge, filed the complaint [367]*367commencing this action on June 12, 2013, naming as defendants Corey L. Britcher (“Britcher”) and David R. Keller (“Keller”), both waterway conservation officers for the Pennsylvania Fish and Boat Commission; James Muller (“Sheriff Muller”), the Sheriff of Adams County, Pennsylvania; and the Honorable Thomas R. Campbell (“Judge Campbell”) of the Court of Common Pleas of Adams County, Pennsylvania. (Doc. 1, p. 1.) On July 2, 2013, Defendants Britcher and Keller filed a joint motion to dismiss the complaint (Doc. 6) and brief in support thereof (Doc. 7), and Defendant Sheriff Muller filed an independent motion to dismiss (Doc. 8) and brief in support (Doc. 9). The following day, Defendant Judge Campbell filed a motion to dismiss (Doc. 12) and brief in support (Doc. 13).2 Plaintiff filed briefs in opposition to each motion on August 16, 2013.3 (Docs. 16-18.) The two-week period for a reply brief has expired; thus, the matter is now ripe for disposition.

B. Facts4

On January 8, 2009, Defendants Britcher and Keller entered Plaintiffs home to execute a “failure to pay” warrant issued by the Pennsylvania Fish and Boat Commission (Doc. 1, p. 2; Doc. 1-1, ¶ 1.) Plaintiff immediately asked to see the warrant, but the officers refused to show it to him, stating: “We don’t have to show you shit.” (Doc. 1, p. 2.) Thereupon, the officers pepper sprayed him and threw him to the floor under the pretext that he was resisting arrest. (Id.) Following his arrest, Plaintiff was charged with Resisting Arrest, in violation of 18 Pa. Cons.Stat. § 5104; Resisting Apprehension or Inspection, in violation of 30 Pa. Cons.Stat. § 904(a); and two counts of Summary Disorderly Conduct, in violation of 18 Pa. Cons.Stat. § 5503. (Doc. 1-1, ¶ 1.)

A jury trial on these charges was held on or about January 26, 2010 with Judge Campbell presiding. (Doc. 1-1, ¶ 3.) Judge Campbell made “many errors” at trial, including instructing the jury that, “if [Plaintiff] argued with [Officers Britcher and Keller], he’s guilty [and] if he told them he wasn’t going with them he’s guilty.” (Doc. 1, p. 5.) The jury convicted Plaintiff of Resisting Apprehension or Inspection, a misdemeanor in the first degree, but returned a verdict of not guilty on the Summary Disorderly Conduct and Resisting Arrest charges.5 (Doc. 1-1, ¶ 4.)

Following the trial, Judge Campbell granted a motion by Plaintiffs trial counsel’s to withdraw his appearance, despite counsel’s failure to follow the proper rules of procedure in pursuing the motion.6 [368]*368(Doc. 1, p. 3; Doc. 1-1, ¶¶ 13.) As a consequence of counsel’s withdrawal, Plaintiff did not file any post-sentence motions, but did file a defective appeal pro se. (Id.) The Superior Court affirmed the judgment of sentence on April 3, 2012. (Doc. 1-1, ¶ 8.) Thereafter, Plaintiff filed a Petition for Post Conviction Relief (“PCRA Petition”), and his sentence was deferred pending the outcome of the petition. (Doc. 1-1, ¶ 9.)

On or about January 4, 2013, the trial court scheduled a hearing for February 12, 2013, relating to Plaintiffs release pending disposition of his PCRA Petition; however, Plaintiff was not notified of the hearing and, therefore, did not appear in court. (Doc. 1, p. 3.) Due to his absence, the trial court issued a “failure to appear” bench warrant on February 23, 2013. (Doc. 1, p. 3.) Plaintiff received notice of the warrant via mail on February 23, 2013, at which time he promptly contacted the sheriffs office and arranged for a new hearing date of February 28, 2013.7 (Doc. 1, pp. 3-4; Doc. 16, ¶ 6.) Upon making these arrangements, he was assured by Lieutenant Miller that no further action would be taken pursuant to the warrant. (Doc. 1, p. 4.) Indeed, on February 26, 2013, the warrant was docketed as, “Returned Served— Closed,” indicating that it was in fact no longer active. (Id.)

Despite the closed warrant, on February 28, 2013, as Plaintiff sat in his truck in front of the Adam’s County Courthouse waiting for the courthouse to open in order to appear at his hearing, four uniformed sheriffs deputies8 pulled Plaintiff from his truck and told him they had a warrant for his arrest. (Doc. 1, pp. 4-5.) He was then handcuffed and taken to a holding cell. (Doc. 1, p. 5.) The handcuffs lacerated his wrist, requiring medical attention. (Id.)

Without specifically elaborating as to how the actions allegedly taken by each defendant violated his constitutional rights, Plaintiff requests that the court provide him relief by issuing:

1) Injunctive relief commanding the defendants to cease any further action relating to this case until this lawsuit and the PCRA petition are finalized;
2) Injunctive relief relieving Judge Campbell of subject matter jurisdiction and voiding all orders issued by him as allowed by case law “when a judge acts as a trespasser of the law”;
3) Declaratory relief as the court deems appropriate;
4) Other relief as the court deems appropriate and just;
5) Costs of litigation and punitive damages.

(Doc. 1, pp. 5-6.)

II. Legal Standard
A. Pro Se Complaint

Pro se complaints are held to less stringent standards than formal pleadings drafted by lawyers. Erickson v. Pardus, 551 U.S. 89, 93, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007); Haines v. Kerner,

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Bluebook (online)
984 F. Supp. 2d 364, 2013 WL 5781872, 2013 U.S. Dist. LEXIS 153219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ridge-v-campbell-pamd-2013.