We have some precedent in the decision of Judge Snyder of this court in Wecht v. Marsteller, 363 F. Supp. 1183 (W.D.Pa.1973) where a Pittsburgh City motorcycle policeman had engaged in a course of illegal and unconstitutional conduct using wrongful and excessive force and the evidence disclosed a pattern that violated the constitutional rights of users of the sidewalks and streets of the City of Pittsburgh. An injunction was issued prohibiting the defendant from engaging in certain specific types of acts.
In the case at bar we find that for Officer Baranyai to continue to act as a policeman upon the streets of Millvale will only lead to further disruptions and violations of constitutional rights and that some injunction is necessary to protect the citizens from continuing future happenings of this kind.
We are admonished as heretofore noted by the decision of the U.S. Supreme Court in Hutto v. Finney, 437 U.S. 678, 98 S. Ct. 2565, 57 L. Ed. 2d 554 (1978) to exercise patience in cases of this kind and not to intrude the federal court into day-to-day management of a penal institution except as a last resort. As expressed by Judge Snyder in Wecht v. Marstellar, supra, the deprivations of the constitutional rights of citizens must be stopped but there should be no unnecessary encroachment on state and local government functions. Equitable relief in such circumstances must be specifically tailored to fit the events of a particular case. Schweiker v. Gordon, 442 F. Supp. 1134 (E.D.Pa.1977).
In assessing the interference of this court in state and municipal governments, we must remember that 42 U.S.C. § 1983 was enacted under the Fifth Section of the Fourteenth Amendment as appropriate legislation to carry out its purpose and we cannot permit the salutory purpose of § 1983 and the Fourteenth Amendment to be sidetracked by fear of undue interference with state and municipal governments, particularly where, as here, the Commonwealth of Pennsylvania is asking this court to protect its citizens from the depredations of this one individual and those acting in concert with him. We hold that the injunctive relief herein provided will not interfere unduly with the daily internal workings of the Millvale Police Department in accordance with the teachings of Rizzo. See Fitzpatrick v. Bitzer, 427 U.S. 445, 96 S. Ct. 2666, 49 L. Ed. 2d 614 (1975).
(D) Conclusions of Law.
(1) This court has jurisdiction over this action and these defendants.
(2) Local law enforcement officials who act under color of state law and who use excessive force or who make illegal arrests or who otherwise deny citizens their constitutional rights are subject to the equity powers of this court under 42 U.S.C. § 1983. Defendants, under color of state law, have engaged in a course of illegal and unconstitutional conduct by using wrongful and excessive physical force on numerous occasions, making illegal arrests, conducting illegal searches, by intimidating and harassing citizens, and by retaliating against those who would complain of such illegal and unconstitutional conduct.
(3) The actions of defendants were directed against various citizens, some of whom were in the custody and control of defendant Baranyai and some of whom were otherwise lawfully upon the streets and sidewalks of the Borough of Millvale.
(4) The deprivation of constitutional rights of the plaintiffs and the persons they represent constitutes irreparable harm for which they are entitled to equitable relief.
(5) Plaintiffs do not have an adequate remedy at law.
(6) Injunctive relief is essential to prevent defendants from continuing to deprive plaintiffs and the individuals they represent of their constitutional rights.
(7) The evidence in this case shows a pervasive pattern of participation, affirmance, encouragement and aiding and abetting of the unlawful conduct of Baranyai by the other defendants.
(8) It is clear that the unlawful conduct of defendants in violating the constitutional rights of plaintiffs and the individuals they represent may recur unless enjoined.
(9) On the basis of the evidence as presented in this case which shows a continued course of conduct on the part of defendants, which course of conduct violates the constitutional rights of the plaintiffs and those individuals they represent, it is the conclusion of this court that a permanent injunction should issue against defendants enjoining them as set forth in the order accompanying this opinion.
We reserve for future determination the rights, if any, of plaintiff's attorneys to counsel fees and expenses. The attorneys for the plaintiff, if they intend to seek such counsel fees and expenses, are directed to file appropriate petitions for the same with details of time spent as required by the cases in the Court of Appeals of this Circuit within 20 days from the date of this opinion.