Peters v. Ryan et al
Filing
16
MEMORANDUM ORDER Granting MOTION for Partial Dismissal (D.I. 10 ). Count III is DISMISSED WITHOUT PREJUDICE. All claims in Count I except excessive force, all claims in Count II, all claims against Officer Scelsi, and all claims in Count VII are DISMISSED WITH PREJUDICE. Signed by Judge Richard G. Andrews on 4/13/2017. (nms)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROCK PETERS,
)
)
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
OFFICER SEAN RYAN, OFFICER CORY
BEST, OFFICER LYNDA SCELSI and NEW
CASTLE COUNTY,
Defendants.
Civ. No. 16-01332-RGA
MEMORANDUM ORDER
Plaintiff filed a seven-count complaint against Defendants Officer Sean Ryan, Officer
Cory Best, Officer Lynda Scelsi and New Castle County. (D.1. 1). In Counts I and VI, Plaintiff
claims excessive force, false arrest, false imprisonment and malicious prosecution against all
three officers under 42 U.S.C. § 1983. (Id. at iM[ 17-19, 33-34). In Count II, Plaintiff claims
deprivation of federally protected rights under the Fourth Amendment against all three officers.
(Id. at iM[ 20-22). In Count VII, Plaintiff claims intentional infliction of emotional distress against
all three officers. (Id. at ifif 35-36). Plaintiff includes separate counts against Officer Ryan for
assault and battery (Count IV), and against Officer Best and Officer Scelsi for failure to
intervene (Count V). (Id. at iM[ 28-32). In Count III, Plaintiff claims failure to train, supervise and
discipline against New Castle County under 42 U.S.C. § 1983 as interpreted by Monell v.
Department of Social Services, 436 U.S. 658 (1978). (Id. at ifif 23-27).
Pending before the Court is Defendants' Motion for partial dismissal of the Complaint.
(D.I. 10). Defendants seek dismissal of all claims in Count I except excessive force, all claims in
1
Counts II and III, all claims against Officer Scelsi, and all claims in Count VII. (D.I. 10-1). The
issues have been fully briefed. (D.I. 11, 14, 15). For the reasons set forth below, Defendants'
Motion is GRANTED. Count III is DISMISSED WITHOUT PREJUDICE. All other claims
addressed in the Motion are DISMISSED WITH PREJUDICE.
I.
BACKGROUND
On January 17, 2015, Plaintiff Rock Peters was pulled over by Officer Ryan while
driving on Lancaster Pike in Wilmington, Delaware. (D.1. 1 at iii! 8-9). Peters exited his vehicle
to talk to Officer Ryan because Peters was driving a Jeep that did not have "pull down
windows." (Id. at if 9). When Officer Ryan asked for identification, Peters began to retrieve his
wallet from his jacket pocket. (Id. at if 10). Officer Ryan then struck Peters in the face, causing
fractures to his nose and cheek. (Id. at if 11 ). Peters fell to the ground where Officer Ryan choked
him and then kneed him in the back, causing three fractured ribs. (Id. at iii! 12-13). Officer Best
and Officer Scelsi witnessed the encounter and did not intervene and stop Officer Ryan. (Id. at if
14). All three officers then arrested Peters. (Id. at if 15). Peters was transported to Christiana
Hospital in an ambulance. (Id.). The officers charged Peters with Reckless Endangerment,
Resisting Arrest, Failure to Obey an Authorized Person Directing Traffic and Failure to Use a
Turn Signal. (D.I. 1 at if 16 and D.I. 11 at 11). Peters was convicted in the New Castle County
Court of Common Pleas of all charges except Reckless Endangerment. (D.I. 11at11).
II.
STANDARD OF REVIEW
Rule 8 requires a complainant to provide "a short and plain statement of the claim
showing that the pleader is entitled to relief ...."Fed. R. Civ. P. 8(a)(2). Rule 12(b)(6) allows
the accused party to bring a motion to dismiss the claim for failing to meet this standard. A Rule
12(b)(6) motion may be granted only if, accepting the well-pleaded allegations in the complaint
2
as true and viewing them in the light most favorable to the complainant, a court concludes that
those allegations "could not raise a claim of entitlement to relief." Bell Atl. Corp. v. Twombly,
550 U.S. 544, 558 (2007).
"Though 'detailed factual allegations' are not required, a complaint must do more than
simply provide 'labels and conclusions' or 'a formulaic recitation of the elements of a cause of
action.'" Davis v. Abington Mem 'l Hosp., 765 F.3d 236, 241 (3d Cir. 2014) (quoting Twombly,
550 U.S. at 555). I am "not required to credit bald assertions or legal conclusions improperly
alleged in the complaint." In re Rockefeller Ctr. Props., Inc. Sec. Litig., 311F.3d198, 216 (3d
Cir. 2002). A complaint may not be dismissed, however, "for imperfect statement of the legal
theory supporting the claim asserted." Johnson v. City of Shelby, 135 S. Ct. 346, 346 (2014).
A complainant must plead facts sufficient to show that a claim has "substantive
plausibility." Id. at 347. That plausibility must be found on the face of the complaint. Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009). "A claim has facial plausibility when the [complainant] pleads
factual content that allows the court to draw the reasonable inference that the [accused] is liable
for the misconduct alleged." Id. Deciding whether a claim is plausible will be a "context-specific
task that requires the reviewing court to draw on its judicial experience and common sense." Id.
at 679.
III.
DISCUSSION
A. Counts I, II, V, VI and VII
The following claims were implicitly waived by Peters in his reply brief: (1) all claims in
Count I except excessive force; (2) all claims in Count II; (3) all claims against Officer Scelsi;
and (4) all claims in Count VII. When a party files an opposition brief and fails to contest an
issue raised in the opening brief, the issue is considered waived or abandoned by the non-
3
I
movant. See Market v. PNC Fin. Servs. Grp., Inc., 828 F. Supp. 2d 756, 773 (E.D. Pa. 2011)
(citing Lawlor v. ESPN Scouts, LLC, No. 2:10-cv-05886, 2011WL675215, at *2 (D.N.J. Feb.
16, 2011) ("Where an issue of fact or law is raised in an opening brief, but it is uncontested in the
opposition brief, the issue is considered waived or abandoned by the non-movant in regard to the
uncontested issue.")). In this case, Peters responded to Defendants' Motion only in regards to
Count III. (D.I. 14). Therefore, Peters has abandoned all other claims challenged by Defendants
in their Motion.
B. Municipal Liability for Failure to Train, Supervise and Discipline (Count Ill)
Count III is dismissed without prejudice because Peters failed to allege facts sufficient to
raise a plausible claim. Municipal liability under § 1983 may be based on inadequate training
"only where the failure to train amounts to deliberate indifference to the rights of persons with
whom the police come into contact," and that deliberate indifference is the moving force of the
violation of the plaintiff's federally protected right. City of Canton v. Harris, 489 U.S. 378, 38889 (1989). "A pattern of similar constitutional violations by untrained employees is 'ordinarily
necessary' to demonstrate deliberate indifference for purposes of failure to train." Connick v.
Thompson, 563 U.S. 51, 62 (2011) (citing Bd. o/Cty. Comm 'rs ofBryan Cty., Okla. v. Brown,
520 U.S. 397, 409 (1997)).
Peters alleges that Defendant "New Castle County and its Police Department were on
actual notice of a need to train, supervise, discipline or terminate its defendant officers prior to
the incident in question as other similar incidents of illegal assaults and excessive force have
occurred in the past involving defendants Ryan, Best and Scelsi." (D.I. 1 at if 27). Although
Peters alludes to prior incidents of officer misconduct, this blanket assertion standing alone is not
enough to raise a plausible Monell claim. In order to survive a motion to dismiss, Peters needs to
4
•
l
allege specific facts identifying and describing these prior incidents. For example, Peters chould
include in his allegations a description of when the prior incidents occurred and the method of
force used by the actual officers in question. See Simpson v. Ferry, 202 F. Supp. 3d 444, 455
(E.D. Pa. 2016) (denying defendants' motion to dismiss Monell claim when plaintiff alleged
multiple prior violent encounters in which officer "aggressively slammed him up against walls ..
. and struck him in the head with a flashlight"). Without at least some factual allegations to
support the "bald assertion" of prior "similar incidents of illegal assaults and excessive force,"
Count III of the Complaint fails to state a claim for relief.
IV.
CONCLUSION
For the aforementioned reasons, Defendants' Motion for partial dismissal of the
Complaint (D.I. 10) is GRANTED. Count III is DISMISSED WITHOUT PREJUDICE. All
claims in Count I except excessive force, all claims in Count II, all claims against Officer Scelsi,
and all claims in Count VII are DISMISSED WITH PREJUDICE.
IT IS SO ORDERED this
J2_ day of April, 2017.
istrict Judge
5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?