Searching over 5,500,000 cases.

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ball v. Hartman

February 16, 2010


The opinion of the court was delivered by: Yvette Kane, Chief Judge Middle District of Pennsylvania

(Chief Judge Kane)


In this civil rights action filed pursuant to 42 U.S.C. § 1983, Plaintiff Dawn Marie Ball ("Ball") alleges that Defendants denied her access to the courts when she was prevented from participating in a phone hearing due to her confinement in the Restricted Housing Unit at the State Correctional Institution at Muncy, Pennsylvania (SCI-Muncy). (Doc. No. 1, Compl.) The remaining Defendants are Jeffrey Beard, Secretary at the Pennsylvania Department of Corrections ("DOC") and seven (7) SCI-Muncy employees.*fn1 Defendant Jill Cicero, Associate Court Administrator for the Court of Common Pleas of Northampton County Pennsylvania, was dismissed from this action on January 11, 2010. (Doc. No. 32.) Presently pending is Plaintiff's motion for order to conduct discovery in this action (Doc. No. 18), and a motion to dismiss the complaint filed by the Corrections Defendants. (Doc. No. 27.)

I. Background

Ball alleges that on March 20, 2009, she was supposed to participate in a court hearing by phone with regard to a paternity testing matter she had filed in the Northampton County Court of Common Pleas, Pennsylvania. She claims that Defendant Hartman informed her that someone had called about the hearing. Hartman informed them that because Ball was confined in the RHU, she was not permitted to take the call. (Doc. No. 1, Compl. at 2.) Hartman refused to inform Plaintiff of the name of the person that called. Plaintiff contends that this obstructed her access to the courts, and that she had previously informed Hartman about the call on March 9, 2009, and March 16, 2009. Ball further contends that she had previously informed Defendants Shepler and Nicholas about the phone hearing on March 10, 2009 and March 17, 2009. Although they told Ball they would "find out about it," they never did so. (Id.) Plaintiff also claims to have informed Defendant Gridley about the hearing on March 20, 2009, and Defendant Lamas on March 23, 2009, but each refused to look into the matter. Ball is suing Defendant Beard because "he is the policy maker of the prison." (Doc. No. 1, Compl. at 3.)

Accordingly to Ball, Hartman informed her she would have to wait until she was no longer confined in the RHU to make a call to the courts. Ball believes that she will be confined in the RHU until she "maxes out" in 2014, and at that time she will be unable to pursue the paternity issue since her son turns eighteen (18) years old in two (2) years. She maintains that because she was unable to participate in the phone hearing, her paternity case was dismissed. (Id.)

As relief, Ball seeks monetary damages in the amount of $5,000,000.00, in addition to the payment by Defendants of all child support from February 24, 1993, until the time her son graduates from college. She also seeks injunctive relief to the extent that Defendants be prevented from any further obstruction of her right to access the courts.

II. Discussion

Ball alleges that the named Corrections Defendants denied her access to the courts for their role in failing to allow her to participate in a telephonic court hearing scheduled for March 20, 2009, regarding her paternity matter, due to her RHU confinement. Defendants move to dismiss the complaint on the basis that Plaintiff fails to set forth any personal involvement in the alleged violations on the part of Defendants Beard, Frantz and Deibler-Gorman, and even if she did, she fails to state a claim against any of the named Corrections Defendants.

A. Standard

A motion to dismiss pursuant to Rule 12(b)(6) tests the legal sufficiency of the claims alleged in the complaint. Under Fed. R. Civ. P. 12(b)(6), the court must accept as true the factual allegations in the complaint, and construe any inferences to be drawn from the allegations in Plaintiff's favor. See Kanter v. Barella, 489 F.3d 170, 177 (3d Cir. 2007)(quoting Evancho v. Fisher, 423 F.3d 347, 350 (3d Cir. 2005)). "The assumption of truth does not apply, however, to legal conclusions couched as factual allegations or to '[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements.'" Marangos v. Swett, No. 08-4146, 2009 WL 1803264 (3d Cir. June 25, 2009)(citing Ashcroft v. Iqbal, ___ U.S. ___, ___, 129 S.Ct. 1937, 1949-50 (2009). In considering a motion to dismiss under Fed. R. Civ. P. 12(b)(6), a complaint must contain enough "facts to state a claim to relief that is plausible on its face" Iqbal, 129 S.Ct. at 1949 (quoting Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 570 (2007), and the factual allegations "must be enough to raise a right to relief above the speculative level." Twombly, 550 U.S. at 555 (internal citations omitted); accord Iqbal, 129 S.Ct. at 1953. The facts plead must offer more "than an unadorned, the defendant-unlawfully-harmed-me accusation." Id., 120 S.Ct. at 1949 (internal quotations and citations omitted). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 129 S. Ct at 1949 (citing Twombly, 550 U.S. at 556). Further, a district court should provide leave to amend "when amendment could cure the deficiency and would not be inequitable." Grayson v. Mayview State Hospital, 293 F.3d 103, 106 (3d Cir. 2002). A complaint that does not establish entitlement to relief under any reasonable interpretation is properly dismissed without leave to amend. Id. at 106.

B. Analysis

1. Lack of Personal Involvement

In order to state a viable civil rights claim under § 1983, a plaintiff must plead two essential elements: (1) that the conduct complained of was committed by a person acting under color of state law, and (2) that said conduct deprived the plaintiff of a right, privilege, or immunity secured by the Constitution or laws of the United States. Groman v. Township of Manalapan, 47 F.3d 628, 638 (3d Cir. 1995); Shaw by Strain v. Strackhouse, 920 F.2d 1135, 1141-42 (3d Cir. 1990). It is well-established that civil rights claims cannot be premised on a theory of respondeat superior. Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988). Rather, each named defendant must be shown, via the complaint's allegations, to have been personally involved in the events or occurrences which underlie a claim. See Rizzo v. Goode, 423 U.S. 362 (1976); Hampton v. Holmesburg Prison Officials, 546 F.2d 1077 (3d Cir. ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.