Wong v. Betti et al

Filing 9

MEMORANDUM re MOTION for Leave to Proceed in forma pauperis 2 and complaint 1 (Order to follow as separate docket entry) Signed by Honorable Sylvia H. Rambo on 9/15/22. (ma)

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
STEVEN WONG,
Plaintiff
v.
TIM BETTI, et al.,
Defendants

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No. 1:22-cv-01063
(Judge Rambo)

MEMORANDUM
Pro se Plaintiff Steven Wong (“Plaintiff”) is a pretrial detainee who was
formerly incarcerated at Lackawanna County Jail (“LCJ”) in Scranton,
Pennsylvania. He has commenced the above-captioned action by filing a complaint
pursuant to 42 U.S.C. § 1983 (“Section 1983”), claiming that Defendants violated
his constitutional rights while he was incarcerated there. In accordance with the
Prison Litigation Reform Act, 1 the Court has conducted an initial review of
Plaintiff’s complaint. For the reasons set forth below, the Court will dismiss
Plaintiff’s complaint for failure to state a claim upon which relief can be granted.
However, the Court will grant Plaintiff leave to file an amended complaint.

See The Prison Litigation Reform Act of 1995, Pub. L. No. 104-134, 110 Stat.
1321 (Apr. 26, 1996).
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I.

BACKGROUND
On July 7, 2022, Plaintiff, a pre-trial detainee, filed his complaint against the

following Defendants: Tim Betti, the Warden of LCJ; the Administration
Department of LCJ; and WellPath, the Medical Provider at LCJ. (Doc. No. 1 at 1,
2-3.) In addition to his complaint, Plaintiff has also filed a motion for leave to
proceed in forma pauperis and his prisoner trust fund account statement. (Doc. Nos.
2, 8.) The Court, having reviewed Plaintiff’s motion and account statement, will
grant him leave to proceed in forma pauperis and will deem his complaint filed.
In his complaint, Plaintiff asserts that the complained-of-events occurred “at
different times” at LCJ. (Doc. No. 1 at 4.) He alleges that, in July of 2021, he had
a stroke. (Id.) He also alleges that Defendant WellPath has denied him “help” when
he needed “medical care[.]” (Id.) In addition, he alleges that, on August 9, 2021, he
was placed in confinement for fifty (50) days. (Id.) He asserts, however, that he
“had previously served that time[.]” (Id.) He also asserts that he filed grievances,
but that they “went unanswered until [he] finished [his] confinement time.” (Id.)
Then he “received a response back stating that they were sorry and that he should[
not] have been placed in confinement.” (Id.) Finally, he alleges that he has been
“[d]enied [his] religious rights” concerning “[his] crucifix necklace.” (Id.)
In connection with all of these allegations, he asserts claims based upon the
conditions of his confinement, inadequate medical care, due process violations, the
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denial of his religious rights, and the failure to protect him. (Id. at 5.) He also asserts
that he “[n]ever received physical therapy” and, because of that, he “suffered in a
wheelchair for 7 months.” (Id.) As for relief, he seeks to be transferred to another
jail, as well as monetary relief. (Id.)
On August 2, 2022, after Plaintiff had filed his complaint, the Court received
a notice from him that his address has changed. (Doc. No. 6.) He is no longer
incarcerated at LCJ; he is now incarcerated at Pike County Correctional Facility in
Lord Valley, Pennsylvania. (Id.)
II.

LEGAL STANDARD
Pursuant to 28 U.S.C. § 1915(e)(2), district courts are required to review

complaints in civil actions where a litigant is proceeding in forma pauperis. See 28
U.S.C. § 1915(e)(2). If the complaint is frivolous, malicious, fails to state a claim
upon which relief may be granted, or seeks monetary relief against a defendant who
is immune from such relief, then the district court must dismiss the complaint. See
id. In dismissing claims under § 1915(e)(2), district courts apply the standard
governing motions to dismiss filed pursuant to Rule 12(b)(6) of the Federal Rules of
Civil Procedure. See Tourscher v. McCullough, 184 F.3d 236, 240 (3d Cir. 1999).
To avoid dismissal under Rule 12(b)(6), a civil complaint must set out “sufficient
factual matter” to show that its claims are facially plausible. See Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009).
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When evaluating the plausibility of a complaint, the Court is required to
“accept all factual allegations in the complaint as true, construe the complaint in the
light favorable to the plaintiff, and ultimately determine whether plaintiff may be
entitled to relief under any reasonable reading of the complaint.”

See Mayer v.

Belichick, 605 F.3d 223, 229 (3d Cir. 2010); Kedra v. Schroeter, 876 F.3d 424, 434
(3d Cir. 2017) (stating that the court “must accept as true all factual allegations in
the complaint and draw all inferences from the facts alleged in the light most
favorable to [the plaintiff]” (citation and internal quotation marks omitted)).
Additionally, in the specific context of pro se prisoner litigation, a district
court must be mindful that a document filed pro se “is to be liberally construed.”
See Estelle, 429 U.S. at 106. A pro se complaint, “however inartfully pleaded, must
be held to less stringent standards than formal pleadings drafted by lawyers[.]” See
Erickson v. Pardus, 551 U.S. 89, 94 (2007) (citation and internal quotation marks
omitted).
III.

DISCUSSION
Plaintiff has filed his complaint pursuant to Section 1983, claiming that

Defendants violated his constitutional rights while he was incarcerated at LCJ. (Doc.
No. 1.) Section 1983 provides, in pertinent part, as follows:
Every person who, under color of any statute, ordinance, regulation,
custom, or usage, of any State or Territory or the District of Columbia,
subjects, or causes to be subjected, any citizen of the United States or
other person within the jurisdiction thereof to the deprivation of any
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rights, privileges, or immunities secured by the Constitution and laws,
shall be liable to the party injured in an action at law, suit in equity, or
other proper proceeding for redress.
See id. Thus, “Section 1983 imposes civil liability upon any person who, acting
under the color of state law, deprives another individual of any rights, privileges, or
immunities secured by the Constitution or laws of the United States.” See Shuman
v. Penn Manor School Dist., 422 F.3d 141, 146 (3d Cir. 2005) (citation omitted).
Section 1983 “does not create any new substantive rights but instead provides a
remedy for the violation of a federal constitutional or statutory right.” See id.
(citation omitted).
A.

Personal Involvement in a Section 1983 Action

In order for liability to attach under Section 1983, a plaintiff must sufficiently
allege that each defendant was personally involved in the act or acts that he claims
violated his federally protected rights. See Rode v. Dellarciprete, 845 F.2d 1195,
1207 (3d Cir. 1988). And “[a] plaintiff makes sufficient allegations of a defendant’s
personal involvement by describing the defendant’s participation in or actual
knowledge of and acquiescence in the wrongful conduct.” See Chavarriaga v. New
Jersey Dep’t of Corr., 806 F.3d 210, 222 (3d Cir. 2015) (citing Rode, 845 F.2d at
1207); Dooley v. Wetzel, 957 F.3d 366, 374 (3d Cir. 2020) (stating that “[p]ersonal
involvement requires particular ‘allegations of personal direction or of actual
knowledge and acquiescence’” (quoting Rode, 845 F.2d at 1207)). Thus, in pursuing
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any Section 1983 claim against prison officials, a plaintiff may not rely solely on
respondeat superior, see id. (citation omitted), which is a theory of liability that
“arises ‘solely on the basis of the existence of an employer-employee relationship,’
regardless of whether the employer had any part in causing harm[,]” see Santiago v.
Warminster Twp., 629 F.3d 121, 128 (3d Cir. 2010) (quoting Monell v. Dep’t of
Soc. Servs. of New York, 436 U.S. 658, 692 (1978)).
Here, there is a complete absence of allegations in Plaintiff’s complaint that
would give rise to a plausible inference that Defendant Betti was personally involved
in any asserted deprivation of Plaintiff’s constitutionally protected rights. While
Defendant Betti has named in the caption of the complaint (Doc. No. 1 at 1) and has
also been listed in the “DEFENDANT(S)” section of the complaint (id. at 2), he has
not been mentioned anywhere else in the body of the complaint. Without such
allegations of personal involvement, however, liability cannot be imposed against
Defendant Betti under Section 1983. Thus, the Court finds that Plaintiff’s complaint
fails to state a claim upon which relief can be granted against Defendant Betti.
B.

Rule 8 of the Federal Rules of Civil Procedure

Rule 8 requires a complaint to contain “a short and plain statement of the claim
showing that the pleader is entitled to relief[.]” See Fed. R. Civ. P. 8(a)(2). This
short and plain statement must give the defendant fair notice of what the plaintiff’s
claims are and the grounds upon which those claims rest. See Erickson, 551 U.S. at
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93. “In other words, a complaint must do more than allege the plaintiff’s entitlement
to relief[; it] has to show such an entitlement with its facts.” Fowler v. UPMC
Shadyside, 578 F.3d 203, 211 (3d Cir. 2009) (citation and internal quotation marks
omitted).
Here, because Plaintiff’s complaint does not show how Defendant Betti was
personally involved in the asserted violations, the Court has been left—and
Defendant Betti, if served, would also be left—to speculate as to what alleged
conduct on his part gives rise to any asserted constitutional violations. Accordingly,
because Plaintiff’s complaint does not provide fair notice of his Section 1983 claims
or the grounds upon which those claims rest, the Court also finds that Plaintiff’s
complaint does not satisfy Rule 8 of the Federal Rules of Civil Procedure with
respect to Defendant Betti. See Garrett v. Wexford Health, 938 F.3d 69, 93 (3d Cir.
2019) (concluding that “[n]aturally, a pleading that is so vague or ambiguous that a
defendant cannot reasonably be expected to respond to it will not satisfy Rule 8.”
(citations and internal quotation marks omitted)); Binsack v. Lackawanna Cnty.
Prison, 438 F. App’x 158, 160 (3d Cir. 2011) (unpublished) (affirming district
court’s dismissal of a complaint where it “defie[d] any attempt to meaningfully
answer or plead to it, and it left the defendants having to guess what of the many
things discussed constituted [a cause of action]”).

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C.

“Person” Under Section 1983

As set forth above, “Section 1983 imposes civil liability upon any person
who, acting under the color of state law, deprives another individual of any rights,
privileges, or immunities secured by the Constitution or laws of the United States.”
See Shuman, 422 F.3d at 146 (citation omitted) (emphasis added). Here, however,
Plaintiff’s complaint fails to make this requisite showing against Defendant LCJ
Administration Department. This is because a county jail, such as LCJ, is not
considered a “person” for purposes of Section 1983 and, therefore, is not amenable
to suit under this statute. See 42 U.S.C. § 1983; Edwards v. Northampton Cnty., 663
F. App’x 132, 136 (3d Cir. 2016) (unpublished) (finding that a county prison is not
a “person” subject to suit under Section 1983 (citing Fischer v. Cahill, 474 F.2d 991,
992 (3d Cir. 1973))); Beaver v. Union Cnty. Pennsylvania, 619 F. App’x 80, 83 (3d
Cir. 2015) (unpublished) (same); Lenhart v. Pennsylvania, 528 F. App’x 111, 114
(3d Cir. 2013) (unpublished) (same). 2

The Court sees no reason to treat the

“Administration Department” of a county jail any differently and, thus, the Court
finds that Plaintiff’s complaint fails to state a claim upon which relief can be granted
against Defendant LCJ Administration Department. The Court will, therefore,
dismiss this Defendant from the complaint.

While these opinions are non-precedential, the Court is persuaded by the
conclusion that county jails do not constitute “persons” for purposes of Section 1983.

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D.

Defendant WellPath

The United States Court of Appeals for the Third Circuit has explained that a
private company, which is providing health services at a correctional facility,
“cannot be held responsible for the acts of its employees under a theory of respondeat
superior or vicarious liability.” See Natale v. Camden Cnty. Corr. Facility, 318 F.3d
575, 583 (3d Cir. 2003) (citing Monell v. New York City Dept. of Soc. Servs., 436
U.S. 658, 691 (1978)). Rather, in order for such a company to be held liable, the
plaintiff must show that there was a relevant company policy or custom and that this
policy or custom resulted in the asserted constitutional violations. See id. at 583-84
(citing Bd. of County Comm’rs of Bryan County, Oklahoma v. Brown, 520 U.S.
397, 404 (1997)).
Thus, the question before the Court is whether Plaintiff’s complaint has
plausibly alleged that Defendant WellPath had a policy or custom that resulted in a
violation of his constitutional rights. The Court answers this question in the negative
because Plaintiff’s complaint has not alleged the existence of any policy or custom.
Accordingly, the Court will dismiss Plaintiff’s claim against Defendant WellPath.
See Palakovic v. Wetzel, 854 F.3d 209, 232 (3d Cir. 2017) (“To state a claim against
a private corporation providing medical services under contract with a state prison
system, a plaintiff must allege a policy or custom that resulted in the alleged
constitutional violations at issue.” (citing Natale, 318 F.3d at 583-84)); Alexander v.
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Monroe Cnty., 734 F. App’x 801, 805 (3d Cir. 2018) (explaining that, in order for
the administratrix of decedent-prisoner’s estate to have established her claim against
Prime Care, the corporation providing medical services at the county correctional
facility, the administratrix would have had to have shown “‘a policy or custom that
resulted in the alleged constitutional violations’” (quoting Palakovic, 854 F.3d at
232) (emphasis omitted)).
E.

Plaintiff’s Request for Injunctive Relief is Now Moot

In his complaint, Plaintiff requests monetary relief, as well injunctive relief in
the form of being transferred to another jail. (Doc. No. 1 at 5.) As explained by the
United States Supreme Court, “a plaintiff must demonstrate standing separately for
each form of relief sought.” See Friends of the Earth, Inc. v. Laidlaw Env’t Servs.
(TOC), Inc., 528 U.S. 167, 185 (2000). Thus, Plaintiff must demonstrate standing
for both the monetary and injunctive relief that he seeks in his complaint.
With respect to his request for injunctive relief, the Court finds that, even
though Plaintiff initially had standing at the time he filed his complaint to seek
injunctive relief, he no longer has such standing because he has been transferred to
another jail. Stated differently, Plaintiff has not only been afforded the injunctive
relief that he seeks in his complaint, but he is also unlikely to suffer future injury
from any of the Defendants’ conduct. See Richardson v. Bledsoe, 829 F.3d 273, 278
(3d Cir. 2016) (stating that, in order “[t]o determine whether [a plaintiff] has standing
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to seek [prospective] injunctive relief, [courts] ask whether [the plaintiff] can ‘show
that he is likely to suffer future injury from the defendant’s conduct’” (quoting
McNair v. Synapse Grp. Inc., 672 F.3d 213, 223 (3d Cir. 2012))). As such, the Court
finds that Plaintiff’s request for injunctive relief is now moot. See U.S. Parole
Comm’n v. Geraghty, 445 U.S. 388, 396 (1980) (explaining that a case or
controversy becomes moot “when the issues presented are no longer ‘live’ or the
parties lack a legally cognizable interest in the outcome”) (citation and internal
quotation marks omitted)). The Court will, therefore, dismiss Plaintiff’s request for
injunctive relief from the complaint.
F.

Leave to Amend

The only remaining issue is, therefore, whether Plaintiff should be granted
leave to amend his complaint. Due to the applicable liberal pleading standard, a
plaintiff should generally be granted leave to amend before a Court dismisses a claim
that is merely deficient. See Grayson v. Mayview State Hosp., 293 F.3d 103, 108
(3d Cir. 2002). The Federal Rules of Civil Procedure allow for amendments to be
granted liberally in light of the “principle that the purpose of pleading is to facilitate
a proper decision on the merits.” See Foman v. Davis, 371 U.S. 178, 182 (1962)
(citation and internal quotation marks omitted).
However, the Court may deny leave to amend where there is “undue delay,
bad faith[,] or dilatory motive on the part of the movant, repeated failure to cure
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deficiencies by amendments previously allowed, undue prejudice to the opposing
party by virtue of allowance of the amendment, [or] futility of the amendment[.]”
See id. The Court may also deny leave to amend where the proposed amendment
would be futile—that is, where the pleading, “as amended, would fail to state a claim
upon which relief could be granted.” See In re NAHC, Inc. Sec. Litig., 306 F.3d
1314, 1332 (3d Cir. 2002) (citations and internal quotation marks omitted).
In accordance with this standard, the Court finds that affording Plaintiff leave
to amend his claims against LCJ Administration Department would be futile, as LCJ
Administration Department is not “person” for purposes of Section 1983 and, thus,
is not subject to suit under the statute. The Court cannot say, however, that affording
Plaintiff leave to amend his claims against Defendants Betti and WellPath would be
futile. The Court will, therefore, grant Plaintiff leave to file an amended complaint
in order to attempt to cure the deficiencies of the claims he has brought against them.
Plaintiff is advised that his amended complaint must be complete in all
respects. It must be a new pleading that stands by itself without reference to the
original complaint or any other document already filed. The amended complaint
shall set forth the claims in short, concise, and plain statements as required by Rule
8 of the Federal Rules of Civil Procedure. Finally, neither conclusory allegations
nor broad allegations will set forth a cognizable claim.

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IV.

CONCLUSION
Accordingly, for all of the foregoing reasons, the Court will dismiss Plaintiff’s

complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). The Court will also afford
Plaintiff leave to file an amended complaint. An appropriate Order follows.

Dated: September 15, 2022

s/ Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge

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