COTTON v. ALLEGHENY COUNTY et al
Filing
57
ORDER denying [ECF 50] Motion to Dismiss for Failure to State a Claim. Signed by Magistrate Judge Cynthia Reed Eddy on 10/4/2012. (ajt)
IN THE UNITED STATES DISTRlCT COURT
FOR THE WESTERN DISTRlCT OF PENNSYL VANIA
JAMES COTTON,
)
)
Plaintiff,
)
)
v.
Civil Action No. 11-969
Magistrate Judge Cynthia Reed Eddy
)
)
ALLEGHENY COUNTY,
ALLEGHENY CORRECTIONAL
HEALTH SERVICES, INe., JOHN DOE
e.O.S. TRANSPORT TEAM
MEMBERS,
)
)
)
)
Defendants.
MEMORANDUM OPINION
I. INTRODUCTION
Before this Court is Allegheny County's Motion to Dismiss [ECF No. 50] Plaintiff's
Third Amended Complaint. [ECF No. 33]. For purposes of reviewing Motions to Dismiss, the
Court assumes the truth of the facts as stated in the Third Amended Complaint.
II. BACKGROUND
a. Statement of Facts Averred in the Third Amended Complaint
Plaintiff, James Cotton, at all relevant times was an inmate of the Allegheny County JaiL
Third Am. CompL, [ECF No. 33] at '118. Defendant Allegheny Corrections Health Services, Inc.,
("ACHS") is responsible for providing medical care for inmates at the Allegheny County JaiL Id.
at ~~5, 9. This case arises from the surgical amputation of Plaintiffs right hand while receiving
medical treatment under the care of ACHS as an inmate at the Allegheny County Jail. Id. at
~~17-26.
On or about February 10, 2009, ACHS drew blood from Plaintiff and submitted it for
medical testing. [d. at
~1O.
The foHowing day, ACHS received the results of the blood test
stating that Plaintiff's glucose level was elevated. [d.
'110;
Ex. A, Clinical Laboratory Report.
Plaintiff alleges that ACHS did not inform him of the elevated glucose levels, and did not
conduct follow up care in relation to his elevated blood glucose levels. [ECF No. 33] at ~10. On
August 13, 2009, six months after the blood test, Plaintiff requested medical care for symptoms
of "dry mouth, blurred vision, involuntary muscle spasms, and balance issues." [d. at ~13; Ex. B,
8/13/2009 Medical Progress Notes; Ex. C, 811412009 Request for Medical Staff Attention.
Plaintiff alleges that ACHS did not properly assess his blood sugar levels and dismissed his
symptoms as side effects of the medication he was taking. [ECF No. 33] at ~13; Ex. C.
On the morning of August 18, 2009, Plaintiff complained to a prison official of
"weakness and constipation," and that he was unable to eat, or drink water. [ECF No. 33] at
~~14-15.
When Plaintiff s symptoms intensified, ACHS was called to Plaintiff s cell to
administer treatment. [d. at
~16.
Because of the severity of Plaintiffs symptoms, he was
transported to UPMC Mercy for medical treatment. [d.
Upon arriving at UPMC Mercy,
Plaintiffs right hand was handcuffed to his hospital bed by two John Doe Transport Team
Members. /d. at
~17.
Emergency personnel determined that Plaintiff was in respiratory failure,
and intubated and sedated him. /d. at 'f18; Ex. D, 8/18/2009 UPMC Mercy Critical Care
Medicine History and Physical Examination Report. The attending physician determined that
Plaintiff was suffering from "diabetic ketoacidosis ... [,] respiratory failure secondary to
acidosis[,]" and acute renal failure due to hyperglycemia. [ECF No. 33] at
~20;
Ex. D; Ex. E,
8/18/2009 Consultation Report. Plaintiff was later diagnosed with Diabetes Mellitus. [ECF No.
33] at ~21.
2
During the night of August 18, 2009 or early morning of August 19, 2009, hospital staff
noticed that Plaintiffs right hand lacked a pulse and removed the handcuff restraining Plaintiff to
the hospital bed. Id. at
~~22-23.
Three days later, on August 21, 2009, blood flow had not
returned to Plaintiffs right hand, and the attending physician determined that Plaintiffs finger
tips had succumbed to gangrene. Id. at
~~24-25.
In an attempt to save Plaintiffs hand from
further injury, Dr. Guy Stofman performed a decompressive carpal tunnel procedure on August
27, 2009. Id. at
~25;
Ex. F, 8/27/2009 Operative Report. The procedure was unsuccessful, and
on September 3, 2009, Plaintiff underwent an amputation of his right hand. [ECF No. 33] at ~26;
Ex. G, 9/312009 Operative Report.
b. Procedural History
Plaintiff initiated this action pro se on July 28, 2011, raising various civil rights claims
arising out of the handcuffing incident and subsequent amputation of his right hand at UPMC
Mercy. CompI., [ECF No.3]. In his original Complaint, Plaintiff alleged Eighth Amendment
violations against Defendants, 2 John Doe C.O.S. Transport Team, Allegheny Correctional
Health Services, and Allegheny County Jail for their failure to properly diagnose and treat his
medical symptoms. Id. at 1.
On August 11, 2011, Plaintiff filed an Amended Complaint, expanding upon his prior
claims, and naming as Defendants Mark Patrick Flarherty, Allegheny County Counsel, Bruce
Dixon, Michael Patterson, Dana Phillips and Kim Gasser, acting in their individual and official
capacities in charge of the Allegheny Correctional Health Services. Am. CompI., [ECF No. 10].
Plaintiff did not include the 2 John Doe C.O.S. Transport Team as defendants in the Amended
Complaint. Id.
3
On December 30, 2011, with leave of Court, Plaintiff, while still pro se, filed a Second
Amended Complaint. Order of 12116/2011, [ECF No. 18]; Sec. Am. Compl., [ECF No. 19]. The
Second Amended Complaint named only Mark Patrick Flarherty, Dana Phillips, Ramon C.
Rustin and Dan Onorato as Defendants. [ECF No. 19]. On January 23,2012, the Court granted
Plaintiffs motion to extend time to provide service copies to the named Defendants, and ordered
Plaintiff to provide instructions for service by February 24, 2012. Order of 1/23/2012, [ECF No.
22].
Before the February 24, 2012 deadline for service arrived, the Court placed the instant
matter on administrative suspension on February 8, 2012, pending the appointment of pro bono
counsel to the Plaintiff. Order of 2/812012, [ECF No. 25]. Counsel was obtained, and on May
11, 2012, the case was reopened, and the Court granted Plaintiff leave to file a Third Amended
Complaint. Order of5114/2012, [ECF 32]. Plaintiffs counseled Third Amended Complaint filed
on May 14,2012 named as Defendants: John Doe C.O.S. Transport Team Members; Allegheny
Correctional Health Services; and Allegheny County. Third Am. Compl., [ECF No. 33]. On
May 23, 2012, Allegheny County executed a waiver of service that was filed by Plaintiff with the
Court on May 25, 2012.
The Third Amended Complaint more poignantly reiterates the claims set forth in
Plaintiff s pro se Complaints, and alleges, inter alia, that Allegheny County "failed to provide
competent staff to tend to Cotton's serious medical needs[,]" and "showed deliberate
indifference by failing to implement or uphold policies requiring proper training and supervision
of medical care[,]" violating the Eighth Amendment and 42 U.S.C. § 1983. [ECF No. 33] at ~~2930. Specifically, Plaintiff alleges that Allegheny County failed to properly train and supervise
ACHS and its staff in recognizing the symptoms of Diabetes Mellitus, resulting in a failure to
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diagnose and treat Cotton's serious medical needs. Id at ~~29-32. Shortly thereafter, Defendant,
Allegheny County filed this Motion to Dismiss [ECF No. 50] on July 23, 2012, and, having been
fully briefed, the issues are ripe for discussion.
III. JURISDICTION
This Court has jurisdiction over this case pursuant to federal question jurisdiction, 28
U.S.C. §1331, as Plaintiff advances claims under 42 U.S.c. §1983, and the Eighth Amendment
of the United States Constitution. See Jiminez v. All Am. Rathskeller, Inc., 503 F.3d 247 (3d Cir.
2007). Further, all parties have consented to jurisdiction before a United States Magistrate
Judge; therefore, this Court has the authority to decide dispositive motions, and to eventually
enter final judgment. 1
IV. FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6)
It is well-settled that in reviewing a motion to dismiss under Federal Rule of Civil
Procedure 12(b)(6), a court must" accept all factual allegations as true, construe the complaint in
the light most favorable to the plaintiff, and determine whether, under any reasonable reading of
the complaint, the plaintiff may be entitled to relief." Phillips v. Cnty. of Allegheny, 515 F.3d
224,233 (3d Cir. 2008). Dismissal pursuant to Fed. R. Civ. P. 12(b)(6) is proper only where the
averments of the complaint plausibly fail to raise directly or inferentially the material elements
necessary to obtain relief under a viable legal theory of recovery. Bell Atl. Corp. v. Twombly, 550
I Under the Federal Magistrate Judges Act [HAct"], a Magistrate Judge's jurisdiction may arise through the
consent of the parties. 28 U.S.C. § 636(c). Under the Act, "[u]pon consent of the parties, a full-time United States
magistrate judge ... may conduct any or all proceedings in a jury or nonjury civil matter and order the entry of
judgment in the case, when specially designated to exercise such jurisdiction by the district court." 28 U.S.C. §
636(cXl). Such a referral gives the magistrate judge full "authority over dispositive motions, conduct of trial, and
entry of final judgment, all without district court review." Roell v. Withrow, 538 U.S. 580, 585 (2003); In re Search
o/Scranton Hous. AUfh., 487 F.Supp.2d 530,535 (M.D.Pa. 2007). "[S]o long as consent [to Magistrate Judge
jurisdiction] is clear and unambiguous, it is effective." In re Search a/Scranton Hous. Auth., 487 F.Supp.2d at 535;
Roell, 538 U.S. at 591 (consent may be inferred from parties' actions). The instant matter was reassigned to
Magistrate Judge Cynthia Reed Eddy on October 27,2011. Subsequently, all parties consented to Magistrate Judge
jurisdiction. See [ECF No. 42]; [ECF No. 45]; [ECF No. 46].
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U.S. 544, 561 (2007). "Threadbare recitals of the elements of a cause of action, supported by
mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing
Twombly, 550 U.S. at 555). Stated differently, allegations of the complaint must be factually
grounded to move the claim from the realm of mere possibility to one that "is plausible on its
face." Ashcroft, 556 U.S. at 678 (quoting Twombly, 550 U.S. at 570).
Under the post
Twombly/Iqbal standard, civil complaints "must contain more than an unadorned, the-defendant
unlawfully-harmed-me accusation." Fowler v. UPMC Shadyside, 578 F.3d 203, 210-211 (3d Cir.
2009) (internal quotations omitted).
Although a district court may not generally consider matters extraneous to pleadings
when ruling on a motion to dismiss, it may consider documents integral to or explicitly relied
upon in a complaint without converting the motion to dismiss into a motion for summary
judgment. West Penn Allegheny Health Sys., Inc. v. UPMC, 627 F.3d 85, 97 (3d Cir. 2010); In re
Burlington Coat Factory Sec. Litig., 114 F.3d 1410, 1426 (3d Cir. 1997). Thus, "exhibits
attached to the complaint and facts of which the court will take judicial notice" will not
automatically convert a Rule 12(b)(6) motion to dismiss to a motion for summary judgment.
Pryor v. Nat '[ Coli. Athletic Ass 'n, 288 F .3d 548, 560 (3d Cir. 2002).
V. ANALYSIS
a. The "Relation Back Doctrine"
In its Motion to Dismiss, Allegheny County argues that Plaintiff s claims against it are
barred by the two-year statute of limitations that govern such claims. Allegheny County asserts
that Plaintiffs cause of action accrued on August 18, 2009, and that the statute of limitations
expired on August 18, 2011. Because Allegheny County was not named as a Defendant until the
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Third Amended Complaint, filed on May 14, 2012, Allegheny County moves this Court to
dismiss it from the case.
Plaintiff counters that the Third Amended Complaint "relates back" to the original pro se
Complaint filed on July 28, 2011, and that, pursuant to Fed. R. Civ. P. 15(c), the claims against
Allegheny County must be deemed timely within the two year statute of limitations. The Court
agrees that the Third Amended Complaint relates back to the initial Complaint, which was timely
filed within the two year statute oflimitations.
The applicable statute of limitations in Section 1983 actions in Pennsylvania is two years.
Lake v. Arnold, 232 F.3d 360, 366 (3d Cir. 2000) (citing 42 Pa.C.S. §§ 5524, 5533); see Wilson
v. Garcia, 471 U.S. 261, 276-80 (1985) (federal civil rights statute of limitation is governed by
the state's limitation for personal injury actions). Although the applicable limitations period is
governed by state law, the date on which the claim accrues is analyzed under federal law.
Albright v. Oliver, 510 U.S. 266, 280 n. 6 (1994). For Section 1983 cases, "the date when the
plaintiff becomes aware, or should have become aware, of both of the fact of injury and its
causal connection to the defendant, triggers the limitations period." Proper v. Crawford Cty.
Carr. Fac., 2009 WL 5216860, *12 (W.D.Pa. Dec. 29, 2009) (quoting Del. State Call. v. Ricks,
449 U.S. 250, 258 (1980)).
Here, Plaintiff alleges that the failure to diagnose and treat his diabetes while in the care
of the Allegheny County Jail caused subsequent harm to him, specifically, the amputation of his
right hand. Allegheny County argues that because Plaintiff complained of symptoms earlier than
August 18,2009, the day he was transported to UPMC Mercy, the limitations period commenced
when Plaintiff alleges he began receiving inadequate care. Def.' s Reply Brief in Support of Mot.
to Dismiss, [ECF No. 54] at 2. Specifically, Allegheny County claims because Plaintiff began
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"receiving allegedly deficient medical treatment on February 10,2009, when Defendant [ACHS]
obtained a blood sample from him for testing" the statute of limitations expired on February 10,
2011. [ECF No. 54] at 2. The Court rejects that argument and finds that the statute of limitations
commenced on August 18, 2009, the date that Plaintiff was diagnosed with Diabetes Mellitus.
Prior to that date, he had no reason to know of, or discover, his injury, or know that Defendant's
allegedly deficient treatment was casually connected to his injury. Plaintiff filed his original pro
se Complaint on July 28, 2011 within the applicable statute of limitations; therefore, the sole
issue for the Court is whether the naming of Allegheny County as a Defendant in the counseled
Third Amended Complaint on May 14,2012 relates back to the Original Complaint.
Where the statute of limitations has expired, a plaintiff may only name a new party or add
a new claim if he demonstrates that the new party or claim "relate [s] back to the filing of the date
of the original complaint." Muhammed v. Pawlowski, 2012 WL 748411, *2 (E.D.Pa. March 7,
2012). Under Fed. R. Civ. P. 15(c), an amended complaint "relates back to the date of the
original complaint" when:
(A)
the law that provides the applicable statute of
limitations allows relation back;
(B)
the amendment asserts a claim or defense that arose
out of the conduct, transaction or occurrence set out - or
attempted to be set out - in the original pleading; or
(C)
the amendment changes the party or the naming of
the party against whom a claim is asserted, if Rule
15(c)(1 )(B) is satisfied and if, within the period provided
by Rule 4(m) for serving the summons and complaint, the
party to be brought in by amendment:
(i)
received such notice of the action that it will
not be prejudiced in defending on the merits; and
(ii)
knew or should have known that the action
would have been brought against it, but for a
mistake concerning the proper party's identity.
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Fed. R. Civ. P. 15(c)(l). The relation-back doctrine is "structured to balance the interests of the
defendant protected by the statute of limitations with the preference expressed in the Federal
Rules of Civil Procedure in general, and Rule 15 in particular, for resolving disputes on their
merits." Glover v. Fed. Dep. Ins. Corp., 2012 WL 3834666, *3 (3d Cir. Sept. 5, 2012) (quoting
Krupski v. Costa Crociere S.p.A., -- U.S. --, 130 S.Ct. 2485,2494 (2010). Rule 15(c) effectively
"allows a plaintiff to sidestep an otherwise-applicable statute of limitations, thereby permitting
resolution of a claim on the merits, as opposed to a technicality." Glover, 2012 WL 3834666 at
*3 (rejecting relation-back argument because plaintiff alleged new claims not connected with the
transaction or occurrence alleged in the original complaint).
If a plaintiff seeks to add or substitute a new party to a complaint, the plaintiff has the
burden of showing that (1) the amended pleading relates to the same conduct, transaction or
occurrence set forth in the original complaint; (2) within the 120-day time period set forth in
Rule 4(m), the proposed new defendant had notice of the action; and (3) the proposed new
defendant knew or should have known that but for a mistake of identity of the proper party, he
would have been named in the initial complaint. Pawlowski, 2012 WL 748411 at *2 (quoting
Estate a/Grier v. Univ. o/Pa. Health Sys., 2009 WL 1652168, *3 (E.D.Pa. June 11,2009».
In the instant case, the first prong of the relation back doctrine is met. The claims against
Allegheny County raised in PlaintitI's Third Amended Complaint arise out of the same conduct,
transaction and occurrence that Plaintiff asserted in Plaintiffs original Complaint. Defendant
concedes this point. See Def.'s Reply Brief in Support of Mot. to Dismiss [ECF No. 54] at 3. In
each Complaint, Plaintiff maintained that his constitutional rights were violated due to the failure
to diagnose and properly treat his diabetes, the handcuffing of his hand to the hospital bed, and
9
the subsequent amputation of his hand. Although the defendants to this action have changed
throughout the several complaints, the underlying plot has remained the same.
Allegheny County next argues that it was not properly served within the constructs of
Rule 4(m), and therefore the Plaintiffs cause of action should be dismissed for failure to
effectuate proper service. The Court disagrees.
Rule 4(m) requires a plaintiff to serve a defendant with process within 120 days of the
filing of a complaint. 2 Fed. R. Civ. P. 4(m).
When an amended complaint names a new
defendant, a plaintiff has 120 days from when the amended complaint is filed to serve that newly
named defendant with process. Lindley v. City of Birmingham, 452 Fed.Appx. 878, 880 (11th
Cir. 2011) (citing Brait Builders Corp. v. Mass., Div. ofCap. Asset Mgmt., 644 F.3d 5,9 (1st Cir.
2011); Bolden v. City of Topeka, 441 F.3d 1129, 1148 (lOth Cir. 2006) ("the 120-day period
provided by Rule 4(m) is not restarted by the filing of an amended complaint except as to those
defendants newly added in the amended complaint") (emphasis added); Carmona v. Ross,
376 F.3d 829, 830 (8th Cir. 2004) (same); McGuckin v. United States, 918 F.2d 811, 813 (9th
Cir. 1990) (same)). See also Urrutia v. Harrisburg Cnty. Police Dep't, 91 F.3d 451,458 (3d Cir.
1996) ("Rule 15(c) does not require that a plaintiff actually amend his complaint within the Rule
4(m) period; it speaks only of notice, lack of prejudice, and reason to know of a mistake within
that time"); 4B Charles Alan Wright & Miller, Federal Practice and Procedure § 1137, at 337
(3d ed. 2002); 1 James Wm. Moore et aI., Moore's Federal Practice §4.80 (3d ed. 1997).
Practically speaking, where a plaintiff amends his complaint and adds a new defendant, the 120
day time frame implemented by Rule 4(m) to effectuate service on that newly-named defendant
2 Advisory Notes submitted with the 1991 Amendment of Fed. R. Civ. P. 15(c) state: "[T]his rule allows not only
the 120 days specified in that rule, but also any additional time resulting from any extension ordered by the court
pursuant to that rule." Fed. R. Civ. P. 15 Advisory Committee's Notes to 1991 Amendment 658 (1992). In light of
these Advisory Notes and the fact that Plaintiff was pro se and actively seeking counsel during the commencement
of his case, the Court granted extensions to allow him to effect proper service.
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restarts with the filing of the amended complaint. See Lindley, 452 Fed. Appx. at 880 (restarting
120-day time limit for service as to a newly named defendant in the amended complaint).
Plaintiff filed his Third Amended Complaint with leave of court on May 13, 2012, and
served it on May 23, 2012, giving Defendant actual notice of the action within the requisite 120
day period. Thus, Allegheny County was timely and properly served within the requirements of
Rule 4(m).
Finally, Defendant argues that it will be prejudiced on the merits if Plaintiffs Third
Amended Complaint is deemed to relate back, because "its ability to conduct necessary and
adequate discovery has been undennined." Def.'s Reply Brief in Support of Mot. to Dismiss
[ECF No. 54] at 4. "The 'prejudice' to which the Rule refers is that suffered by one who, for lack
of timely notice that a suit has been instituted, must set about assembling evidence and
constructing a defense when the case is already stale." Nelson v, Allegheny Cnty., 60 F.3d 1010,
1015-16 (3d Cir. 1995) (citation omitted) (finding that because plaintiffs "allege[d] injury by the
same conduct described in the original pleading, the evidence relevant to a defense against these
new claims would be the same evidence relevant to a defense against the original claims[,]" there
was no prejudice to the newly named defendants).
In this case, the discovery period has not closed, the Court has granted leave to depose
Plaintiff, an incarcerated individual, the parties have not completed the mandatory ADR process,
and a trial date has not been set. See Case Mgmt. Order of7/1112012, [ECF No. 47]. Moreover,
Plaintiffs claims alleged in his Third Amended Complaint stem from the same conduct alleged
in the original Complaint, and it appears that Allegheny County's discovery will require no more
than medical and prison records already in its possession, which were filed with the Third
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Amended Complaint. Therefore, Allegheny County is not prejudiced in maintaining a defense
on the merits for relation back purposes.
Lastly, Allegheny County knew or should have known that, but for Plaintiffs mistake in
naming Allegheny County Jail in his original Complaint, the action would have been brought
against it. The Supreme Court has held that "relation back under Rule 15(c)(1)( C) depends on
what the party to be added knew or should have known, not on the amending party's knowledge
or its timeliness in seeking to amend its pleading." Krupski, 130 S.Ct. at 2490. The knowledge
requirement is focused on "what the prospective defendant reasonably should have understood
about the plaintiffs intent in filing the original complaint against the first defendant. !d. at 2496.
Plaintiffs knowledge "is relevant only if it bears on the defendant's understanding of
whether the plaintiff made a mistake regarding the proper party's identity." Id. at 2493-94
(emphasis added).
While the Third Circuit Court of Appeals has held that "an amended complaint will not
relate back if the plaintiff had been aware of the identity of the newly named parties when she
filed her original complaint and simply chose not to sue them at that time[,]" Garvin v. City of
Phi/a., 354 F.3d at 221-22, a "plaintiffs knowledge of a party's existence should not be
conflated with [a] mistake" of a party's identity. Spiess v. Pocono Mountain Reg '/ Police Dep't,
2012 WL 1965387, *4 (M.D.Pa. May 31, 2012). On this point:
A plaintiff might know that the prospective defendant
exists but nonetheless harbor a misunderstanding about his
status or role in the events giving rise to the claim at issue,
and she may mistakenly choose to sue a different defendant
based on that misimpression. That kind of deliberate
mistaken choice does not foreclose a finding that Rule
15(c)(1)(C)(ii) has been satisfied.
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Krupski, 130 S.Ct. at 2494. Thus, where the plaintiff brings a Section 1983 action, and fails to
name the defendant that is subject to liability based on his policymaking status, this is considered
a "mistake" under the relation-back doctrine and does not prohibit a finding of relation-back.
Spiess, 2012 WL 1965387 at *6 (the Court permitted the amendment of the complaint to add the
police commission as a defendant, because it "should have known that it would [have been] a
defendant[,]" and while plaintiffs knew of the commission's existence, they "did not learn that
the Commission was a policymaker until recent discovery and depositions").
The Third Circuit Court of Appeals has also noted:
[B]ecause, as an objective matter, it is a legal blunder to
pursue a municipal defendant for the misdeeds of
individual state actors, it is arguable that the proposed
additional defendant police officers knew or should have
known that but for the legal mistake of this pro se plaintiff,
they would have been direct targets of the complaint from
the outset.
Urrutia, 91 F.3d at 458.
This Court finds that Plaintiff mistakenly named Allegheny County Jail in the original
Complaint, and but for his "legal blunder," he would have properly named Allegheny County as
a defendant. It is clear from the outset of his action that Plaintiff has consistently named players
from the same team, but has not been consistent or accurate given his lack of sophistication and
education. As in Spiess and Krupski, Plaintiff knew of Allegheny County's existence, but did
not learn, until the appointment of counsel, that Allegheny County was the correct municipal
defendant, not the Allegheny County Jail, which he initially named. Allegheny County should
have known that but for Plaintiff's legal mistake, he would have named it as a Defendant in the
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original Complaint due to its role as policymaker. 3 For the reasons set forth above, Plaintiffs
Third Amended Complaint relates back to his original Complaint pursuant to Fed. R. Civ. P.
15(c).
b. Failure to State a Claim Against Defendant Allegheny County
Finally, Defendant argues that in a Section 1983 action, a municipality cannot be held
liable for the acts of its employees or agents under the theory of respondeat superior. 4 While this
argument is facially true, it is factually misguided. Plaintiff does not allege liability under the
theory of respondeat superior, but rather asserts that Allegheny County's policy or custom
caused Plaintiffs constitutional violation. See Monell v. Dep 'f ofSoc. Servs., 436 U.S. 658, 694
(1978). Under Monell, "it is when execution of a government's policy or custom, whether made
by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy,
inflicts the injury that the government entity is responsible under §1983." Id. at 694. A civil
rights complaint filed under Section 1983 is "adequate where it states the conduct, time, place,
and persons responsible." Evancho v. Fisher, 423 F.3d 347, 353 (3d Cir. 2005).
Taking the facts in Plaintiffs Third Amended Complaint as true, as this Court must,
Plaintiff has adequately stated a claim upon which relief can be granted under Monell. Plaintiff
"Allegheny County Bureau of Corrections is a sub-unit of Allegheny County. It has no separate corporate identity
and therefore lacks the capacity to be sued." Kipp v. Allegheny Cty., 2012 WL 1463309, *3 (W.D.Pa. April 27,
2012).
4 Defendant also contends Plaintiff has not adequately alleged any policy or custom of Allegheny County violated
his constitutional rights. [ECF No. 51 at 7]. In support of this contention, Allegheny County erroneously relies on
summary judgment cases for the proposition that we must dismiss Plaintiffs action. See [ECF No. 51 at 7] (citing
Gagliardi v. Cty. of Allegheny, 2007 WL 838971 (W.D.Pa. March 15, 2007) (summary judgment in favor of
County); Parent v. Roth, 2001 WL 1243563 (E,D.Pa. Oct. 17,2001) (summary judgment in favor of municipality»).
While Allegheny County also relies on dismissal cases in its brief, the cases cited failed to make even the most basic
allegations of fact. See [ECF No. 51 at 7-8] (citing Smith v. Municipality of Lycoming Cty., 2006 WL 1793228, *3
(M.D.Pa. June 27, 2006) (granting dismissal as to County because plaintiff failed to "allege any direct involvement"
of the County); Newsome v. Howard, 2008 WL 399655, *2 (D.Del. Feb. 12, 2008) (dismissal was proper because
"[o]ther than being named as a defendant, there [were] no allegations" against municipality to suggest a
constitutional violation had occurred)). Plaintiff has included specific allegations that Allegheny County has
violated his constitutional rights, and such allegations are provable through the discovery process. Therefore,
Plaintiff has adequately alleged Allegheny County has violated his Eighth Amendment rights, and can survive
dismissal.
3
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alleges in his Third Amended Complaint that on August 18, 2009, Allegheny County failed to
implement or uphold policies requiring the proper training and supervision of ACHS and its staff
in the symptoms of Diabetes Mellitus, and in monitoring and following up on diagnostic tests.
[ECF No. 33] at
~~29-32.
Plaintiff further alleges that Allegheny County failed to provide
competent staff to transport Plaintiff to UPMC Mercy, and failed to implement or uphold
policies requiring proper training and supervision of the Allegheny County Jail and Defendant
John Does in the correct use of restraints, and in recognizing the signs of improperly placed
restraints. Id at
~~44-47.
Thus, by failing to implement or uphold policies requiring proper
training and supervision of Allegheny County Jail and Defendant John Does, Plaintiff alleges
that Allegheny County violated the rights, privileges and immunities secured to Plaintiff by the
Eighth Amendment of the United States Constitution and 42 U.S.C. §1983. Id at
~~32,
42.
Plaintiff has adequately averred the conduct, time, place, and parties responsible necessary to
survive a motion to dismiss.
VI. CONCLUSION
Plaintiffs Third Amended Complaint is not barred by the statute of limitations. It
properly relates back to his original Complaint because (1) both Complaints assert claims arising
out of the same conduct, transaction and occurrence; (2) Defendant Allegheny County was
properly served with the Third Amended Complaint within the time period provided by Rule
4(m), and received such notice of the action that it will not be prejudiced in defending on the
merits; and (3) Defendant Allegheny County should have known that the action would have been
brought against it but for Plaintiffs mistake concerning Defendant's proper identity. Further,
Plaintiff has adequately stated a claim upon which relief can be granted under Fed. R. Civ. P.
15
12(b)(6). For all of the foregoing reasons, Allegheny County's Motion to Dismiss will be denied
by separate order.
Dated: October 4,2012
By the Court,
Cynt . Reed Eddy
United States Magistrate Judge
cc:
All attorneys of record via CM-ECF
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