The opinion of the court was delivered by: BY THE COURT; MARVIN KATZ
AND NOW, this 7th day of September, 1993, upon consideration of Defendant William P. James' Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted Or, in the Alternative, Motion for Summary Judgment, and the response, it is hereby ORDERED that Defendant James' Motion for Summary Judgment is GRANTED for the following reasons:
Plaintiff, Terrance Williams ("Plaintiff" or "Williams"), filed a pro se civil rights complaint under 42 U.S.C. § 1983 against Leon O. Dark, Manager of Court Reporting Services for the Court of Common Pleas Philadelphia County, and Lynne Abraham, District Attorney of Philadelphia. Plaintiff later amended his complaint on May 12, 1993, to include William P. James, Esquire. On July 23, 1993, Plaintiff amended his complaint a second time. See Second Amended Complaint.
In his Second Amended Complaint, Plaintiff sues Defendant James in his capacity as an Assistant District Attorney. On July 30, 1993, this court granted Defendants Dark's and Abraham's respective motions for summary judgment and dismissed them from this matter.
Against Defendant James in particular, Plaintiff further alleges that:
On or about June 1991, Defendant James entered into an aggreement (sic) with defendant Abraham to obstruct, hinder, and deprive Plaintiff of his right to litigate issues relating to court action no. 797-801, of 1984.
On or about June 1991, defendant James entered into agreement with defendant Abraham to withhold from and deprive Plaintiff essential and favorable documents, transcripts, and records relating to court action no 797-801, of 1984.
Plaintiff has made repeated requests to defendant James that he produce and provide to Plaintiff the documents, transcripts, and records in the control and possession of defendant James which relate to court action no. 797-801, of 1984.
Defendant James, acting individually and in concert with defendant Abraham in accordance with their aggreement (sic), has consistently failed to produce and provide to Plaintiff the requested documents, transcripts, and records in the control and possession of defendant James which relate and pertain to court action no. 797-801, of 1984.
See Second Amended Complaint, PP 15-18.
In the underlying criminal prosecution, Court of Common Pleas, Philadelphia County, 1984 September Term, Nos. 0979-0801, plaintiff was tried, convicted by a jury and sentenced to a substantial period of incarceration for a 1984 homicide. Plaintiff was represented in the state criminal proceeding by Stephen Gallagher, Esquire. Plaintiff was represented in his appeal to the Superior Court of Pennsylvania by Defendant James. On June 5, 1991, Defendant James filed a petition for Allowance of Appeal with the Supreme Court of Pennsylvania on Plaintiff's behalf. See Defendant's Exhibit C. On June 12, 1991, following notice from the Superior Court that Plaintiff's criminal appeal had been denied, Defendant James notified Plaintiff that he was withdrawing from further representation of the Plaintiff. See Defendant's Exhibit A. Defendant James was permitted to withdraw as appellate counsel for Plaintiff on June 28, 1991 by a per curiam order of the Superior Court of Pennsylvania. See Defendant's Exhibit B. On or about July 1, 1991, Defendant James was appointed as Assistant District Attorney of Philadelphia County.
Plaintiff seeks relief in that this court enter an order requiring Defendant James to turn over all of the requested documents and award the sum of $ 100,000 in compensatory damages and $ 5,000 in punitive damages. See Complaint at p. 6; Second Amended Complaint at PP 29, 30, and 31.
II. Requirements to Grant Summary Judgment
Summary judgment is authorized by Federal Rule of Civil Procedure ...