VW Credit Leasing Ltd. v. Lackawanna County et al
MEMORANDUM (Order to follow as separate docket entry) re 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lackawanna County Signed by Honorable Malachy E Mannion on 11/13/2023. (gg)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
VW CREDIT LEASING LTD.,
LACKAWANNA COUNTY and
DeNAPLES AUTO PARTS, INC.,
CIVIL ACTION NO. 3:23-00378
Presently before the court is Defendant Lackawanna County’s
(“Lackawanna”) motion to dismiss. (Doc. 11). This dispute arises out of
Defendants Lackawanna and DeNaples Auto Parts, Inc. (“DeNaples”)
allegedly unconstitutional seizure of a 2020 Audi vehicle (“Vehicle”), in which
Plaintiff VW Credit Leasing LTD (“VW”) holds a security interest or lien. For
the reasons stated below Lackawanna’s motion is DENIED.
VW alleges that Lackawanna uses DeNaples to regularly tow, store,
and eventually dispose of vehicles seized by the county in the course of its
law enforcement duties. Lackawanna does not directly pay DeNaples for this
service. Instead DeNaples accepts possession of seized vehicles as
payment for the services it provides Lackawanna. DeNaples then holds the
seized vehicle until the owner pays its towing and storage fees. If no one
pays the fees on a given vehicle DeNaples sells that vehicle to recoup its
The Vehicle here was owned by Cynthai Lynn Pollick (“Ms. Pollick”)
but VW held a security interest and lien in the Vehicle entitling it to immediate
possession of the Vehicle by reason of default on its credit agreement with
Ms. Pollick. On or about April 25, 2022, Ms. Pollick defaulted on her
agreement with VW, Lackawanna took custody of the Vehicle, and DeNaples
towed it away. On or about July 10, 2022, 76 days later, VW received a
document declaring the Vehicle abandoned and in the possession of
DeNaples. VW informed DeNaples the Vehicle was not abandoned and that
they wished to take possession of it but DeNaples refused to release the
Vehicle unless VW paid its towing and storage fees. VW did not pay the fees
and DeNaples did not release the Vehicle.
On March 2, 2023, VW filed a complaint against Lackawanna and
DeNaples under 42 U.S.C §1983 alleging violations of its Fourth, Fifth, and
Fourteenth Amendment rights by both Defendants. VW also brought a
variety of state law causes of action against only DeNaples and seeks a
declaratory judgment that any law cited by either Lackawanna or DeNaples
to justify their actions is unconstitutional. On April 5, 2023, Lackawanna filed
a motion to dismiss VW’s complaint for failure to state a claim. Lackawanna’s
motion has been fully briefed and is ripe for review.
A. Motion to Dismiss
In rendering a decision on a motion to dismiss, a court should not
inquire “whether a plaintiff will ultimately prevail but whether the claimant is
entitled to offer evidence to support the claims.” Scheuer v. Rhodes, 416
U.S. 232, 236 (1974); Nami v. Fauver, 82 F.3d 63, 66 (3d Cir. 1996). The
court must accept as true the factual allegations in the complaint and draw
all reasonable inferences from them in the light most favorable to the plaintiff.
Innis v. Wilson, 334 F. App'x 454, 456 (3d Cir. 2009) (citing Phillips v. Cnty
of Allegheny, 515 F.3d 224, 229 (3d Cir. 2008)).
However, “the tenet that a court must accept as true all of the
allegations contained in a complaint is inapplicable to legal conclusions.”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (“Threadbare recitals of the
elements of a cause of action, supported by mere conclusory statements, do
Under the pleading regime established by [Bell Atl. Corp. v.]
Twombly, 550 U.S. 544 (2007) and Iqbal, a court reviewing the
sufficiency of a complaint must take three steps. First, it must
“tak[e] note of the elements [the] plaintiff must plead to state a
claim.” Iqbal, 556 U.S. at 675, 129 S.Ct. 1937. Second, it should
identify allegations that, “because they are no more than
conclusions, are not entitled to the assumption of truth.” Id. at
679, 129 S.Ct. 1937. Finally, “[w]hen there are well-pleaded
factual allegations, [the] court should assume their veracity and
then determine whether they plausibly give rise to an entitlement
to relief.” Iqbal, 556 U.S. at 679, 129 S.Ct. 1937.
Connelly v. Lane Const. Corp., 809 F.3d 780, 787–88 (3d Cir. 2016) (internal
citations, quotations and footnote omitted). Elements are sufficiently alleged
when the facts in the complaint “show” that the plaintiff is entitled to relief.
Iqbal, 556 U.S. at 679 (quoting FED.R.CIV.P. 8(a)(2)). At the second step,
the court distinguishes between legal conclusions, which are discounted in
the analysis, and allegations of historical fact, which are assumed to be true
even if “unrealistic or nonsensical,” “chimerical,” or “extravagantly fanciful.”
Iqbal, 556 U.S. at 681. Deciding whether a claim is plausible is a “contextspecific task that requires the reviewing court to draw on its judicial
experience and common sense.” Id.
B. 42 U.S.C. §1983
42 U.S.C. §1983 is the vehicle by which private citizens may seek
redress for violations of federal constitutional rights committed by state
officials. To state a cause of action under §1983, a plaintiff must allege that:
(1) the conduct complained of was committed by persons acting under color
of state law; and (2) the conduct violated a right, privilege, or immunity
secured by the Constitution or laws of the United States. See Harvey v.
Plains Twp. Police Dep’t, 421 F.3d 185, 189 (3d Cir. 2005).
A. VW pleads plausible §1983 claims under Monell.
When a plaintiff alleges under §1983 that a local government is
responsible for the deprivation of a constitutional right by its employee, it
must satisfy the requirements identified in Monell v. Dep’t of Soc. Servs. of
City of New York, 436 U.S. 658, 691 (1978). To establish a Monell claim, the
plaintiff must allege: “(1) [it] possessed a constitutional right of which [it] was
deprived; (2) the municipality had a policy; (3) the policy ‘amount[ed] to
deliberate indifference’ to the plaintiff's constitutional right; and (4) the policy
was the ‘moving force behind the constitutional violation.’” Vargas v. City of
Philadelphia, 783 F.3d 962, 974 (3d Cir. 2015)(quoting City of Canton v.
Harris, 489 U.S. 378, 389-391 (1989).
It is undisputed that Lackawanna, a county government, is a municipal
entity for the purposes of §1983. Thus, VW’s complaint must establish a
plausible Monell claim. Lackawanna does not dispute that VW possessed a
constitutional right of which it was deprived. Accordingly, the court will not
address that issue. Lackawanna only argues that VW fails to plausibly plea
it had a policy that resulted in the removal of the Vehicle and in turn a
constitutional deprivation. (Doc. 26 at 7). Specifically, Lackawanna argues
that because VW pleas only a single incident of unconstitutional conduct it
fails to establish a policy under Monell. (Id. at 8).
This argument misreads VW’s complaint. VW clearly pleads that
Lackawanna has a pattern and practice of turning over vehicles seized in the
course of its law enforcement duties to DeNaples. (Doc. 1 &&1,2). It is true
that VW does not provide evidence or proof of said policy, but such
information is not required to survive a 12(b)(6) motion.
Likewise, it is true that the Supreme Court has explained that “[p]roof
of a single incident of unconstitutional activity is not sufficient to impose
liability under Monell, unless proof of the incident includes proof that it was
caused by an existing ... municipal policy, which policy can be attributed to a
municipal policymaker.” City of Oklahoma City v. Tuttle, 471 U.S. 808, 823–
24, 105 S.Ct. 2427, 85 L.Ed.2d 791 (1985) (plurality opinion). But the Court
articulated this rule with regards to the validity of jury verdicts not motions to
dismiss. No liability is imposed under rule 12(b)(6) so questions about the
sufficiency of proof required to impose liability are again not appropriate at
this stage of the proceeding.
At this stage of the proceeding all VW needs to allege is that
Lackawanna had a policy that was deliberately indifferent to its constitutional
rights and was the moving force behind the violation of those rights. VW
makes these allegations. VW alleges that Lackawanna had policy and
practice of turning over seized vehicles to a private towing company without
a warrant, without just compensation, and without notice or hearing with
deliberate indifference and in actual violation of its Fourth, Fifth, and
Fourteenth Amendment rights. (Doc. 29 at 9-10). If VW fails to provide
evidence at summary judgment to support these allegations, then its claim
will fail then. For now, it is allowed to conduct discovery and collect evidence
in support of its claims.
B. Lackawanna does not challenge the plausibility of VW’s
Since Lackawanna does not challenge the plausibility of VW’s other
claims the court will not address those claims.
For the reasons stated above, VW has stated facially plausible claims
and will be allowed to conduct additional discovery to gather evidence in
support of those claims. Therefore, Lackawanna’s motion to dismiss (Doc.
11) is DENIED at this stage of the proceeding. An appropriate order follows.
s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
DATE: November 13, 2023
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