Trueman v. City of Upper Chichester

289 F. App'x 529
CourtCourt of Appeals for the Third Circuit
DecidedAugust 19, 2008
Docket07-2762
StatusUnpublished
Cited by5 cases

This text of 289 F. App'x 529 (Trueman v. City of Upper Chichester) 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
Trueman v. City of Upper Chichester, 289 F. App'x 529 (3d Cir. 2008).

Opinion

OPINION

PER CURIAM.

Appellant, Jeffrey A. Trueman, appeals pro se from the District Court’s orders dismissing his complaint in part, granting judgment as a matter of law in part, and entering judgment following a jury verdict on the remaining claims. For the reasons that follow, we will affirm. 1

I.

In the early morning hours of January 31, 2003, Trueman was driving in Upper Chichester Township (the “Township”) when Police Officer Michael Fanelli, who was in his police car on routine patrol, saw him drive through an intersection without slowing or stopping at the stop sign. Officer Fanelli pulled his car behind True-man’s and signaled for him to pull over. When Officer Fanelli requested Trueman’s license and registration, he noticed the smell of alcohol on Trueman’s breath. As a result, Officer Fanelli conducted a field sobriety test. Trueman failed the test. Officer Fanelli then advised Trueman that he was under arrest for driving under the influence of alcohol. In response, True-man asked Officer Fanelli, “Who sent you, Congressman Weldon?” (Compl. at 1t 11.) Trueman then made several threatening remarks to Officer Fanelli.

Trueman was taken to police headquarters and charged with driving under the *532 influence of alcohol (“DUI”), terroristic threats, and failure to stop at a stop sign. Prior to trial on these charges, Trueman moved to suppress the evidence arising from the traffic stop on the ground that Officer Fanelli did not have probable cause. Following a hearing, the Honorable Robert C. Wright of the Delaware County Court of Common Pleas granted Trueman’s motion. Consequently, the District Attorney’s Office nolle prossed the charges. Trueman then asked the District Attorney’s Office to investigate Officer Fanelli’s conduct in connection with the traffic stop. The District Attorney’s Office investigated the circumstances surrounding the arrest, but found no cause for disciplinary action against Officer Fanelli.

II.

In December 2004, Trueman commenced an action under 42 U.S.C. § 1983, claiming that the traffic stop was part of a government conspiracy against him due to his work as a veterans’ rights advocate. Trueman alleged federal civil rights violations under the First, Fourth, and Fourteenth Amendments, and also asserted several state law claims. The complaint named as defendants: the Township of Upper Chichester and Officer Fanelli; District Attorney G. Michael Green and Deputy District Attorney Jackson M. Stewart, who were allegedly involved in both prosecuting Trueman and in investigating Officer Fanelli; and Judge David J. Murphy, the Delaware County Regional Court Judge who presided over Trueman’s arraignment.

In June 2005, the District Court found that Green and Stewart were entitled to immunity and dismissed Trueman’s claims against them. The court later dismissed the complaint as to Judge Murphy on the same ground.

Thereafter, the case proceeded to trial against the Township and Officer Fanelli (the “Township Defendants”). At the conclusion of the liability phase, the District Court directed a verdict in favor of the Township. Therefore, the sole issue for the jury was whether Officer Fanelli lacked probable cause to conduct the traffic stop in violation of Trueman’s rights under the Fourth Amendment. The jury returned a verdict in favor of Officer Fanelli. Trueman then filed post-trial motions requesting a new trial and renewing certain pre-trial requests. By order entered May 15, 2007, the District Court denied the post-trial motions. The present appeal followed.

III.

A. Dismissal of District Attorney Green, Deputy District Attorney Stewart, and Delaware County District Justice Murphy

Trueman first challenges the District Court’s orders dismissing his claims against Green and Stewart, who were allegedly involved in both prosecuting True-man and in investigating Officer Fanelli. The District Court found that their actions were entitled to the protections of absolute immunity. We agree that Green and Stewart were absolutely immune from suit for actions taken in connection with prosecuting Trueman, as it is well established that a prosecutor is entitled to absolute immunity for conduct “fairly within the prosecutor’s function as an advocate.” Buckley v. Fitzsimmons, 509 U.S. 259, 273, 113 S.Ct. 2606,125 L.Ed.2d 209 (1993) (internal quotations omitted). We are less certain, however, that this immunity extends to Green’s and Stewart’s alleged failure to conduct an internal investigation into Officer Fanelli’s misconduct. See id. (explaining that a prosecutor’s administrative duties that do not relate to his preparation for the initiation of a prosecution or for judicial proceedings are not entitled to *533 absolute immunity) (citation omitted). We need not reach this question, however, because Trueman’s bare allegations do not state a cognizable constitutional violation. See Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001) (holding that, before ruling on immunity in § 1983 cases, the court must first determine whether the facts alleged show that the officer’s conduct violated a constitutional right).

Regarding Trueman’s claims against District Justice Murphy, we find, for the reasons stated by the District Court, that District Justice Murphy was entitled to the protections of judicial immunity. See Stump v. Sparkman, 435 U.S. 349, 355, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978) (internal quotations omitted); Gallas v. Supreme Court of Pa., 211 F.3d 760, 768 (3d Cir. 2000).

B. Motion to Amend the Complaint

Next, Trueman claims that the District Court abused its discretion by denying his pre- and post-trial requests to amend the complaint. Trueman first sought leave to amend in May 2006, approximately six months after discovery had been closed. At that time, Trueman argued that through discovery, he had obtained additional evidence in support of his theory that the arrest was politically motivated. In light of this new evidence, Trueman sought to add several new defendants to the complaint. The Township Defendants opposed the request, arguing that it would be prejudicial to allow Trueman to add entirely new parties after the end of discovery and while their fully-briefed motion for summary judgment was outstanding.

By order entered July 26, 2006, the District Court denied Trueman’s motion on the ground that “the proposed amended Complaint would add new parties and new theories of liability not presently the subject of this lawsuit.” After the trial, True-man renewed his request to file an amended complaint, and the District Court again denied the request.

We conclude that the District Court acted within its discretion in denying Trueman’s requests to amend his complaint.

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289 F. App'x 529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trueman-v-city-of-upper-chichester-ca3-2008.