Stankowski v. Farley

251 F. App'x 743
CourtCourt of Appeals for the Third Circuit
DecidedOctober 24, 2007
DocketNo. 07-2792
StatusPublished
Cited by35 cases

This text of 251 F. App'x 743 (Stankowski v. Farley) 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
Stankowski v. Farley, 251 F. App'x 743 (3d Cir. 2007).

Opinion

OPINION

PER CURIAM.

Donald Stankowski, pro se, appeals the District Court’s order dismissing his civil rights complaint sua sponte. We will dismiss the appeal under 28 U.S.C. § 1915(e)(2).

[746]*746Stankowski alleges in his complaint that the defendants violated his constitutional rights in the course of his guilty plea and his subsequent incarceration in Pike County, Pennsylvania. Stankowski’s complaint arises under 42 U.S.C. § 1983. To state a claim under § 1983, Stankowski must allege that a person acting under color of state law deprived him of his constitutional rights. Stankowski names nine defendants: Thomas F. Farley, the public defender who represented him; Raymond J. Tonkin, the assistant district attorney who prosecuted him; Judge Joseph F. Kameen, the judge presiding over his criminal case; Brian Davis, the probation officer who prepared his presentence report; Paul Theil, the parole officer who allegedly denied him access to a rehabilitation facility; Craig Lowe, the prison warden; Kathy Cronin and Lt. Williams, the prison employees who allegedly violated his right of access to the courts while he was incarcerated; and Prime Care Medical, Inc., the company responsible for providing medical care in the prison, which allegedly employed negligent doctors and nurses.

On September 13, 2006, the magistrate judge issued a report and recommendation, recommending dismissal of Stankowski’s complaint for failure to state a claim. On May 17, 2007, 487 F.Supp.2d 543, the District Court adopted the magistrate judge’s report and recommendation and dismissed Stankowski’s complaint with prejudice. Stankowski timely appealed the District Court’s order.

We have jurisdiction pursuant to 28 U.S.C. § 1291. Because Stankowski has been granted in forma pauperis status pursuant to 28 U.S.C. § 1915, we review this appeal for possible dismissal pursuant to 28 U.S.C. § 1915(e)(2). An appeal may be dismissed if it has no arguable basis in law or fact. Neitzke v. Williams, 490 U.S. 319, 325, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989).

Stankowski alleges that Judge Kameen imposed an illegal sentence, failed to address Stankowski’s motions, failed to state the plea agreement in open court, and failed to announce Stankowski’s sentence in open court. Judges are immune from liability for damages for actions taken in performance of their duties pursuant to the doctrine of judicial immunity. Robinson v. McCorkle, 462 F.2d 111, 113 (3d Cir.1972); Stump v. Sparkman, 435 U.S. 349, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978). Accordingly, Judge Kameen is immune from suit under § 1983 for the conduct alleged.

Defendant Davis, a probation officer, allegedly prepared a presentence report relying on privileged information and on Stankowski’s prior “bad acts.” Davis also allegedly pressured Stankowski to admit to prior unrelated offenses committed by other individuals and denied appellant an opportunity to review the presentence report. Quasi-judicial officers also enjoy judicial immunity, when they act pursuant to a court directive. Robinson, 462 F.2d at 113. A presentence report “assist[s] the judge in determining sentence.” Pa. R.Crim. P. 702(3). Preparing the presentence report thus was a quasi-judicial function for which Davis is absolutely immune from suit. See Dorman v. Higgins, 821 F.2d 133, 136-37 (2d Cir.1987) (federal probation officers entitled to absolute immunity for preparation of presentence report because they act as “arm[s] of the court”).

Defendant Tonkin, the Assistant District Attorney, allegedly denied appellant access to important documents “vital to the defense,” and failed to honor the plea agreement, which appellant asserts he never received for review or comment. [747]*747Tonkin is immune pursuant to the doctrine of prosecutorial immunity because the misconduct alleged — namely, the initiation of a prosecution and negotiation of a plea agreement — is “intimately associated with the judicial phase of the criminal process.” Imbler v. Pachtman, 424 U.S. 409, 430, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976).

Stankowski alleges that defendant Farley, the public defender who represented appellant, mishandled appellant’s case and deceived him regarding the content of the plea agreement. Among other misdeeds, Farley allegedly failed to investigate the facts of the case, assumed appellant’s guilt, missed at least one court appearance and misled appellant to believe that he would receive a sentence no longer than 90 days. A public defender does not act “under color of state law” and is not liable under § 1983 when performing a lawyer’s traditional functions. Polk County v. Dodson, 454 U.S. 312, 325, 102 S.Ct. 445, 70 L.Ed.2d 509 (1981) (public defenders typically oppose the State and therefore do not act “under color of state law”). Accordingly, Farley is not liable under § 1983 for the misconduct alleged.

Public defenders may be liable, however, for intentional misconduct if they conspire with state officials to deprive their clients of constitutional rights. Tower v. Glover, 467 U.S. 914, 923, 104 S.Ct. 2820, 81 L.Ed.2d 758 (1984). Stankowski alleges that Farley conspired with the other defendants to pressure him to plead guilty and to impose an excessive sentence. These defendants conferred at side bar during appellant’s sentencing. However, Stankowski cannot show that his attorney acted under color of state law because he fails to allege adequately a claim for conspiracy under state or federal law.

Section 1985(3) prohibits conspiracies to deprive a “person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the law....” 42 U.S.C. § 1985(3).1 The complaint fails to allege a claim under this provision because it fails to allege discrimination against a “ ‘specific, identifiable class of persons.’ ” Farber v. City of Paterson, 440 F.3d 131, 135 (3d Cir.2006) (quoting Aulson v. Blanchard, 83 F.3d 1, 5 (1st Cir.1996)).

Although not addressed by the District Court, the complaint also fails to state a claim for conspiracy under state law.

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251 F. App'x 743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stankowski-v-farley-ca3-2007.