The opinion of the court was delivered by: LUONGO
Various defendants have filed motions to dismiss in Civil Action 75-400 and in Civil Action 75-520. These cases are the latest in a series filed by pro se plaintiff Paul Meyer arising out of litigation in Schuylkill County. (See earlier opinions of this court in Meyer v. Lavelle, 64 F.R.D. 533 (E.D. Pa. 1974) and 389 F. Supp. 972 (E.D. Pa. 1975)). A brief history of the previous litigation which provides the backdrop for the present actions will be helpful to an understanding of the present motions.
Meyer, a plumbing contractor, defaulted on a contract in late 1972. Wisconsin Surety Corporation (Wisconsin Surety), which had bonded Meyer's performance, completed the contract and then sued Meyer in the Court of Common Pleas of Schuylkill County.
That case was tried before a jury on June 3 and 4, 1974, and a verdict and judgment upon the verdict were entered in favor of Wisconsin Surety and against Paul Meyer in the amount of $ 77,358.58. No post trial motions were filed.
Meyer sought relief from the state proceedings in federal court. In C.A. 74-586 (filed March 12, 1974) Meyer, alleging a violation of 42 U.S.C. § 1983, sought to enjoin the then pending state court action. In C.A. 74-1442, filed after return of the adverse jury verdict (June 11, 1974), Meyer, again alleging a violation of 42 U.S.C. § 1983, sought an award of $ 77,358.58 (the amount of the state court verdict) in punitive damages. Included among the defendants named in each suit were Wisconsin Surety and the state judge who presided at Meyer's trial.
On November 12, 1974, I filed an opinion setting aside an entry of default entered against the state judge in C.A. 74-586 and granting his motion for dismissal in C.A. 74-1442. I filed a second opinion on February 18, 1975, dismissing all remaining defendants in each of those actions. Meyer filed C.A. 75-400 on February 10, 1975 and, on February 21, 1975, filed his fourth action, C.A. 75-520.
In C.A. 75-400, Meyer alleges violations of 42 U.S.C. § 1983 and § 1985(3) of the Civil Rights Acts. Named as defendants are Wisconsin Surety, James J. Curran, Jr. (Curran), an attorney, and Paul Sheers, Sheriff of Schuylkill County (Sheriff Sheers). The complaint, as amended, requests $ 250,000 in damages from each defendant.
Curran and Sheriff Sheers have filed a motion to dismiss in C.A. 75-400
and Sheriff Sheers and Prothonotary Dougherty have filed a motion to dismiss in C.A. 75-520,
Rule 12(b), F.R.C.P. I am mindful of the special liberality afforded the pleadings of pro se litigants, Haines v. Kerner, 404 U.S. 519, 30 L. Ed. 2d 652, 92 S. Ct. 594 (1972), and that a motion to dismiss may not be granted unless it appears "beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief," Conley v. Gibson, 355 U.S. 41, 45-6, 2 L. Ed. 2d 80, 78 S. Ct. 99 (1957).
I will consider first the motion filed in C.A. 75-520.
Title 28 U.S.C. § 2281 provides:
"An interlocutory or permanent injunction restraining the enforcement, operation or execution of any State statute by restraining the action of any officer of such State in the enforcement or execution of such statute or of an order made by an administrative board or commission acting under State statutes, shall not be granted by any district court or judge thereof upon the ground of the unconstitutionality of such statute unless the ...