DEFORTE v. THE TOWNSHIP OF PINE et al

Filing 8

ORDER granting 2 Motion to Dismiss. For the reasons stated more fully in the Memorandum Order, Defendants Township of Pine and Clyde Moore's Partial Motion to Dismiss (Doc. 2) is GRANTED. Counts II, III, IV and V hereby are DISMISSED WITH PREJUDICE. IT IS SO ORDERED. Signed by Judge Cathy Bissoon on 7/13/2015. (rld)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

WILLIAM DEFORTE,
Plaintiff,
v.
THE TOWNSHIP OF PINE, et al.,
Defendants.

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Civil Action No. 15-171
Judge Cathy Bissoon

MEMORANDUM AND ORDER
I. MEMORANDUM
For the reasons stated below, the Township of Pine and Clyde Moore’s (“Defendants’”)
Partial Motion to Dismiss (Doc. 2) will be GRANTED.
BACKGROUND
William DeForte (“Plaintiff”) alleges that he was hired by the Pine Township Police
Department as a Police Commander, with a starting wage of $15.00 an hour, in or around
September of 2012. Compl. (Doc. 1, Ex. A) ¶¶ 11, 12. On or around October 31, 2012, Plaintiff
was informed that the Pine Township Police Department had “met in an unlawful executive
session and voted to disband the police department.” Id. at ¶ 13. Following the disbandment of
the police department, Plaintiff contends that he was not permitted to retrieve his personal
belongings located therein, including, inter alia, a “COLT” knife, a “GTI-drive” mountain bike,
a bayonet, approximately 15 AR-15 magazines, a 511 jacket, two military style bags, a filing
cabinet, a metal gun cabinet, a stainless steel refrigerator, and two cork boards. Id. at ¶¶ 15-17.
Plaintiff alleges that Chris Airgood, who had been hired by Pine Township and promoted
to Chief of Police, was permitted to retrieve his own personal belongings from the department.

Id. at ¶¶ 10, 18. Plaintiff states that although Mr. Airgood intended to retrieve Plaintiff’s
property as well as his own, Supervisor Clyde Moore claimed that Plaintiff’s property belonged
to the Township and prevented him from doing so. Id. at ¶¶ 19-20. When Mr. Airgood noticed
that both his own and Plaintiff’s personal lockers1 had been broken into, he allegedly questioned
Mr. Moore about this. Id. at ¶¶ 21, 23. Plaintiff contends that Mr. Moore acknowledged that he
and Worthington Borough Mayor Kevin Feeney had broken into the lockers. Id. Plaintiff
alleges that, at a hearing in the Court of Common Pleas of Armstrong County, Mayor Feeney
testified that he and Mr. Moore entered the Pine Township Police Department, cut the lock off of
Plaintiff’s personal locker, providing both Mr. Moore and Mayor Feeney with access to its
contents. Id. at ¶¶ 26, 27.
Plaintiff filed suit alleging six counts: 1) § 1983 deprivation of due process and unlawful
search and seizure of property; 2) conspiracy to commit common law invasion of privacy;
3) violation of procedural due process; 4) conspiracy to violate Plaintiff’s right to procedural due
process/conspiracy to violate the Borough Code; 5) violation of the Pennsylvania Sunshine Law;
and 6) unlawful conversion of property. Id. at ¶¶ 31-70. This case was removed from the Court
of Common Pleas of Armstrong County, Pennsylvania, to the United States District Court for the
Western District of Pennsylvania on February 9, 2015, under federal question jurisdiction.
Notice of Removal (Doc. 1).
Defendants Township of Pine and Clyde Moore move to dismiss Plaintiff’s Counts II–V
pursuant to Rule 12(b)(6) for failure to state a claim. Defs.’ Mot. to Dismiss (Doc. 2) at 3.
Plaintiff consents to the dismissal of Counts II–V, which leaves Counts I and VI as alleged in the

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Plaintiff alleges that he owned his locker, which was not the property of Pine Township. Id. at
¶ 22.

Complaint. Pl.’s Resp. (Doc. 6) at ¶¶ 17-21. As Plaintiff consents to the dismissal of all counts
Defendants seek to dismiss, Defendants’ Partial Motion to Dismiss will be granted.
I.

ORDER

For the reasons stated above, Defendants Township of Pine and Clyde Moore’s Partial
Motion to Dismiss (Doc. 2) is GRANTED. Counts II, III, IV and V hereby are DISMISSED
WITH PREJUDICE.

IT IS SO ORDERED.

July 13, 2015

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s\Cathy Bissoon
Cathy Bissoon
United States District Judge