Searching over 5,500,000 cases.


searching
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.

Shipley v. City of Chester

April 15, 2010

JANENE LENORA SHIPLEY, PLAINTIFF,
v.
THE CITY OF CHESTER, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Slomsky, J.

OPINION

I. INTRODUCTION

On September 22, 2009, pro se Plaintiff, Janene Lenora Shipley filed this civil rights action against the City of Chester, Pennsylvania (Defendant City) and Crozer Chester Medical Center (Defendant Crozer). (Doc. No. 3.) The Complaint alleges that the actions of Defendants after a shooting involving Plaintiff's cousin violated Plaintiff's civil rights and her rights under state law.

On February 18, 2010, Defendant City filed a Motion to Dismiss Plaintiff's Complaint (Doc. No. 6). On March 15, 2010, after this Court granted Defendant Crozer's motion for an extension of time to file a response (Doc. No. 9), Defendant Crozer also filed a Motion to Dismiss Plaintiff's Complaint (Doc. No. 13). On March 22, 2010, Plaintiff filed a Response in Opposition to Defendants' Motions (Doc. No. 14).

Currently before the Court are Defendant City's Motion to Dismiss (Doc. No. 6) and Defendant Crozer's Motion to Dismiss (Doc. No. 13). For the reasons that follow, the Court will grant both Defendant City's and Defendant Crozer's Motions to Dismiss in their entirety.

II. STATEMENT OF FACTS

On September 1, 2009, Plaintiff was present after a shooting involving Kymeen Bennett, Plaintiff's cousin. (Pl. Compl., ¶¶1-4.) Bennett was the victim of the shooting, which occurred on the 3100 block of West 10th Street in Chester, Pennsylvania. (Id. at ¶4.) Plaintiff arrived on the scene before the first responders. (Id. at ¶8.) Also on the scene before the arrival of the first responders was Dawn Mclewee, an off-duty employee of Crozer Chester Medical Center. (Id. at ¶6.) According to Plaintiff, Mclewee "[g]ave the certificate of merit that Mr. Bennett had a pulse but [stated that] he need[ed] some oxygen." (Id.)

Seven to ten minutes after the first 911 call, officers of the Chester Police Department arrived on the scene. (Id. at ¶8.) Crozer Chester Medical Center emergency medical employees arrived four to seven minutes later. (Id. at ¶10.) As Crozer employees attempted to revive Bennett, Plaintiff continually called Bennett's name. (Id. at ¶12.) An unnamed Crozer employee told Plaintiff to "shut the f**k up" so he could do his job, at which point it appears Plaintiff stopped screaming. (Id. at ¶11 [sic].)

After an unnamed Crozer employee pronounced Bennett dead, Plaintiff protested the pronouncement, insisting that the Crozer employee take Bennett to the hospital. (Id. at ¶¶15-16.) An unnamed Crozer employee allegedly "jumped in [Plaintiff's] personal space," and again told Plaintiff to "shut the f**k up," and to stand back. Plaintiff responded by saying "hit me you won't be the first cop to hit me!" (Id. at ¶17.) The unnamed Crozer employee informed Plaintiff he was not a cop.

According to Plaintiff, "[t]he cops than [sic] turned into vicious pit bulls and started cursing and hollering and screaming at everyone," as they attempted to direct everyone to leave the scene.

(Id. at ¶¶19, 22.) Plaintiff continued to protest the pronouncement of Bennett's death. (Id. at ¶¶18-22.) Officer Jackson warned Plaintiff that if she did not stop yelling and return home he would arrest her. (Id. at ¶20.) Plaintiff went to the front step of Bennett's home but continued to protest the officers' actions. (Id. at ¶¶22, 16 [sic].) One officer told Plaintiff to "shut the f**k up," and get in the house. (Id. at ¶17 [sic].)

Although Plaintiff entered Bennett's home, she continued to protest the officers' actions, yelling out an open window. (Id. at ¶19 [sic].) An officer entered Bennett's home again telling Plaintiff to "shut the f**k up," to which Plaintiff replied that she did not have to because she was in the house. (Id. at ¶20 [sic].) The officer proceeded to place Plaintiff in handcuffs, informing Plaintiff she was being arrested for her failure to obey his orders to be quiet. (Id. at ¶23.) According to Plaintiff, the officer then "dragged [her] using assistive [sic] force threw [sic] the street and put [her] in the back of the police car." (Id.)

Shortly thereafter, the officer returned to the vehicle and asked if Plaintiff was calm. (Id. at ¶25.) Plaintiff replied that she was and was released. (Id. at ¶26.) Plaintiff was treated at Defendant Crozer for injuries to her wrist caused by handcuffs. (Id. at ¶27.)

Plaintiff requests $5.5 million in damages for pain and suffering for "[d]eformation [sic] of character, disorderly conduct, recklessly endangering the welfare of a minor, misuse of position, menacing, false imprison [sic], the intentional use of excessive force, false arrest, intimidation, and racial profiling," (Id. at ...


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.