Zvonek v. Walters

District Court, M.D. Pennsylvania·Decided February 23, 2024·No. 3:20-cv-01185·Unknown

Opinion

| IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA | CHARLES ZVONEK, : No. 3:20cv1185 | Plaintiff : | : (Judge Munley) | v. POLICE OFFICER BRANDON : | WALTERS, in his individual and : official capacities; DICKSON CITY : POLICE DEPARTMENT; DICKSON : CITY; and DEBRA BARTHOLD, : | Defendants :

MEMORANDUM Before the court for disposition are two motions for summary judgment directed at Plaintiff Charles Zvonek’s civil rights complaint, one filed by | Defendant Debra Barthold and the other filed by Police Officer Brandon Walters, the Dickson City Police Department and Dickson City (collectively “the Dickson City Defendants”). The motions are fully briefed and ripe for disposition. | Background Plaintiff Charles Zvonek and Defendant Debra Barthold have a long histon | together, and for some time, they were romantically involved. (Doc. 72,

| Defendants’ Statement of Material Facts and Plaintiff's Response Thereto at □ 1- | 7). After being separated for several years, Barthold moved back into a house

| with plaintiff in 2015 or 2016. (Id. J] 7). Plaintiff and Barthold both had their

names on the deed to the house. (Id. 3). Because of issues between the two individuals, police were called to the neighborhood at least four times during the al of 2017. (Id. J 12). In November 2017, plaintiff and Barthold were involved in an incident where the police were called. The police determined the incident was a “mutual | simple assault.” (Id. □□ 15-17). Following this incident, Barthold sought and was | granted a Protection from Abuse Order (“PFA”) under Pennsylvania law. (Id. 18). The terms of the PFA originally prohibited stalking, harassment, and entrance onto the property. (Id. 4] 19). Eventually, the court amended the PFA tc include a “no contact/no hit” provision, allowing plaintiff to return to the house. | (Id. 19). Subsequently, however, the PFA reverted back to its original status, | prohibiting plaintiff from entering upon the property. (Id. J 24). The utilities on the property were in plaintiffs name. (Id. 26). In June of 2018, plaintiff telephoned the water utility. As a result, the water company | disconnected the water service to Barthold’s residence. (Id. ff] 29-30). Dickson City Police arrested plaintiff in relation to the disconnection of the water utility. The basis for the arrest was that plaintiff's behavior with the water utility amounted to harassing conduct under the PFA. The parties disagree as to whether the arrest resulted from plaintiff's telephoning the water utility or whether |

| the arrest resulted from him being present at the property when the utility

| disconnected the water. (Id. J] 31-32). Plaintiff pled guilty to this PFA violation.

| (Id. 1 33). Plaintiff spent approximately twenty (20) days in jail for the PFA | violation related to the water utility issue. (Id. {J 34). Despite the guilty plea and jail time, upon his release from prison, plaintiff contacted the gas utility to have his name removed from the account. (Id. □□ {J 35: 36). Defendant Walters in his position as a Dickson City Police Officer arrested plaintiff for a PFA violation regarding his contact with the gas company. (Id. □□ Defendant Walters concluded that contacting the gas company was harassment under the PFA. The Lackawanna County Court of Common Pleas

| held a trial and convicted plaintiff of the PFA violation. (Id. {] 39). Plaintiff was ale in the Lackawanna County Prison. (Id. 40). Upon appeal, the | Pennsylvania Superior Court reversed plaintiffs conviction. Commonwealth of Pa. v. Zvonek, No. 1514 MDA 2018, 2019 WL 1338680 (Pa. Super. Ct. Mar. 25, 2019). | Based upon these facts, plaintiff instituted the instant civil rights action against the defendants.’ Plaintiff's complaint asserts the following five causes o action: Count I, malicious prosecution under 42 U.S.C. § 1983; Count Il, 1 Originally, plaintiff named Lackawanna County Assistant District Attorney Gene Ricardo as a | defendant. The parties stipulated to his dismissal on July 11, 2022 and we will not discuss the | causes of action against him. (Doc. 75). |

| malicious use and abuse of process under 42 U.S.C. § 1983; Count Ill, false

arrest under 42 U.S.C. § 1983; Count IV, false imprisonment under 42 U.S.C. § | 1983; and Count V, conspiracy to violate civil rights, under 42 U.S.C. § 1985. (Doc. 1, Compl.). Plaintiff seeks declaratory relief, compensatory damages, | attorneys’ fees, and punitive damages. (Id.) Jurisdiction | As plaintiff sues pursuant to 42 U.S.C. § 1983, this court has federal question jurisdiction. See 28 U.S.C. § 1331 (“The district courts shall have | original jurisdiction of all civil actions arising under the Constitution, laws, or

treaties of the United States.”). This court has supplemental jurisdiction over the | plaintiff's state law claims pursuant to 28 U.S.C. § 1367. | Standard of review Granting summary judgment is proper “‘if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if

jany, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” See Knabe v. Boury | Corp., 114 F.3d 407, 410 n.4 (3d Cir. 1997) (quoting Fed. R. Civ. P. 56(c)).

| “T]his standard provides that the mere existence of some alleged factual dispute | between the parties will not defeat an otherwise properly supported motion for

| summary judgment; the requirement is that there be no genuine issue of material

| fact.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986) (emphasis in original).

| In considering a motion for summary judgment, the court must examine the facts in the light most favorable to the party opposing the motion. Int'l Raw | Materials, Ltd. v. Stauffer Chem. Co., 898 F.2d 946, 949 (3d Cir. 1990). The

| burden is on the moving party to demonstrate that the evidence is such that a

| reasonable jury could not return a verdict for the non-moving party. Anderson, 1477 U.S. at 248. A fact is material when it might affect the outcome of the suit | under the governing law. Id. Where the non-moving party will bear the burden o proof at trial, the party moving for summary judgment may meet its burden by | showing that the evidentiary materials of record, if reduced to admissible evidence, would be insufficient to carry the non-movant's burden of proof at trial. | Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). Once the moving party satisfies its burden, the burden shifts to the nonmoving party, who must go beyond its pleadings, and designate specific facts by the use of affidavits, depositions, admissions, or answers to interrogatories showing that there is a genuine issue for trial. Id. at 324.

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