S. Justice v. PSP Trooper Lombardo

173 A.3d 1230
CourtCommonwealth Court of Pennsylvania
DecidedNovember 14, 2017
Docket1439 C.D. 2016
StatusPublished
Cited by7 cases

This text of 173 A.3d 1230 (S. Justice v. PSP Trooper Lombardo) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S. Justice v. PSP Trooper Lombardo, 173 A.3d 1230 (Pa. Ct. App. 2017).

Opinion

OPINION BY

SENIOR JUDGE PELLEGRINI

Pennsylvania State Police (PSP) Trooper Joseph Lombardo (Trooper Lombardo) appeals from" an order of the Court of Common Pleas of Philadelphia County (trial'court) denying his post-trial motions and entering judgment in favor of Shiretta-Jus-tice (Ms. Justice) for claims arising out of a traffic stop. Because Trooper Lombardo was acting within the scope of his employment when the underlying 'incident occurred, he is immune from suit under the doctrine of sovereign immunity. Accordingly, we reverse.

I.

During the time-period relevant to this matter, Trooper Lombardo was assigned to the PSP’s Bureau of Patrol with, the Belmont Barracks in Philadelphia. On No-vémber 27, 2013, the day before Thanksgiving, he was on duty, in uniform, patrolling in a marked vehicle on 1-76 (a.k.a. the Schuylkill Expressway) when he pulled Ms. Justice’s vehicle over and issued her tickets for driving without a license and failing to use a turn signal.

There are differing accounts as to what occurred during this traffic stop, but the basic facts are as follows. Because of her suspended license, Ms. Justice could not drive her vehicle. Ms. Justice’s college-age stepson was with her at the time, but he did not have a valid driver’s license. Ms. Justice then called a friend to attempt to arrange to have someone drive the car from the scene.

After waiting for the friend to arrive, Trooper Lombardo ordered that the vehicle be towed and ordered Ms. Justice and her stepson to exit the vehicle. They then climbed over the concrete barrier along the highway. 1 Ms. Justice informed Trooper Lombardo that her ride was coming and that he ruined her holiday. Trooper Lom-bardo then climbed over the barrier and approached Ms. Justice and the situation became heated. Ms. Justice claims that Trooper Lombardo had a nasty demeanor, jumped on her, twisted her arm behind her back and tried to push her to the ground. She claims to have suffered a sprained arm, -wrist and back due to Trooper Lom-bardo’s allegedly excessive use of force. Trooper Lombardo describes Ms. Justice as uncooperative and resistant, but that she eventually allowed herself to be handcuffed. 2 When her friend arrived at the scene shortly thereafter, Ms. Justice’s handcuffs were removed and Trooper Lombardo allowed her and her stepson to leave.

Shortly after this incident, Ms. Justice filed a complaint with the PSP and its Internal Affairs Division (IAD) conducted an investigation. Because of this investigation, IAD determined that Trooper Lom-bardo’s actions did not violate any department regulations and the allegation of misconduct was not sustained. In a letter to Ms. Justice dated April 24, 2014, Captain James P. Raykovitz explained:

After reviewing the investigative report, I also listened to all recorded interviews and viewed all video files associated with this investigation. As a result of this review, I have concluded that there was a breakdown in effective and accurate communication between you and the trooper regarding the arrival of the help you had contacted. The extended response time it took for your acquaintance to get to the scene placed all of you in a more dangerous situation on one of the more dangerous highways in the area. While this led to a more stressful environment, the actions of the trooper did not violate any Department regulations.
The allegation of misconduct you made against the member of the Pennsylvania State Police is[,] therefore, Not Sustained. However, Trooper Lombardo will receive training to ensure that he handles similar incidents in a more succinct fashion.

(Reproduced Record (R.R.) at 116a) (emphasis in original).

II.

A.

Ms. Justice then filed a complaint in the Court of Common Pleas of Philadelphia County naming Trooper Lombardo and the PSP as defendants, but later amended it by naming Trooper Lombardo as the sole defendant and deleting her prior averment that he was acting within the course and scope of his employment during their November 27, 2013 encounter. The amended complaint asserts claims of assault and battery, invasion of privacy — casting in a false light, intentional infliction of emotional distress, false arrest, false imprisonment and abuse of process, and seeks compensatory and punitive damages.

Trooper Lombardo filed preliminary objections to the amended complaint including a defense that he was immune from suit under the Sovereign Immunity Act. His preliminary objections were overruled and the case proceeded to arbitration. The arbitration panel found in favor of Ms. Justice, determining that Trooper Lom-bardo was acting outside the scope of his employment during the incident and awarded her $15,000 in damages. Trooper Lombardo simultaneously filed an appeal from that award and an answer to the amended complaint again asserting the affirmative defense of sovereign immunity. At the close of discovery, Trooper Lom-bardo filed a motion for summary judgment again asserting an immunity defense. The trial court denied his motion without comment or opinion and the case proceeded to jury trial.

B.

At trial, Ms. Justice testified that at'the time of the incident, she was in her mid-thirties, had two school-age children, and was working as a hairstylist. On November 27, 2013, she and her stepson were traveling westbound on 1-76 when she noticed a vehicle coming alongside hers. When she looked over, she saw Trooper Lombardo looking into her vehicle. He pointed for her to get off to the side of the road and she pulled over. Trooper Lombardo approached her vehicle and asked for her license and registration, which'she provided. Ms. Justice testified that she asked him what she did wrong, and he responded that she had a suspended license and a busted taillight. He explained that her license had been suspended because she missed a payment on a prior ticket and that he would be towing her vehicle. He then walked away, but a few minutes later, he returned and asked if she knew someone with a license that could come move her vehicle and drive her from the scene. She agreed to call and make arrangements. Ms. Justice stated that Trooper Lombardo then threw two citations into her stepson’s lap and walked away.

Several minutes later, Ms. Justice testified that Trooper Lombardo returned and asked her if she found a ride and, if so, how far away it was. She responded that her ride was on its way and should arrive soon and Trooper Lombardo again walked away. She then testified that the next thing she knew, a tow truck pulled in front of her car. She stated that she begged and pleaded with him not to tow her car and told him her ride was on its way and .should be there shortly. Trooper Lombar-do told her that he changed his mind, threw the paperwork from the tow truck driver into her car and ordered her out of the vehicle. Ms. Justice testified that she continued to beg and plead with Trooper Lombardo, but he said, “Get out of the vehicle or I’m going to forcibly remove you from the vehicle.” (R.R. at 204a.) Ms.

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

Related

S. Justice v. PSP Trooper Lombardo
Commonwealth Court of Pennsylvania, 2020
Justice, S., Aplt. v. Trooper Lombardo
208 A.3d 1057 (Supreme Court of Pennsylvania, 2019)
Sarin v. Magee
333 F. Supp. 3d 475 (E.D. Pennsylvania, 2018)
M. Mazur v. J. Cuthbert
186 A.3d 490 (Commonwealth Court of Pennsylvania, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
173 A.3d 1230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/s-justice-v-psp-trooper-lombardo-pacommwct-2017.