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[U] Wagner v. Hoffman

Superior Court of Pennsylvania

February 11, 2014

GARY WAGNER Appellant
v.
BRIAN HOFFMAN Appellee

NON-PRECEDENTIAL DECISION

Appeal from the Order of March 5, 2013 In the Court of Common Pleas of Mifflin County Civil Division at No.: CP-44-CV-001249-2012

BEFORE: BENDER, J., WECHT, J., and FITZGERALD, J. [*]

MEMORANDUM

WECHT, J.

Gary Wagner appeals the trial court's order of March 5, 2013, granting Brian Hoffman's preliminary objections and dismissing Wagner's first amended complaint. We affirm.

We need not delve deeply into the factual or procedural history of this case, because Wagner's procedural errors preclude review of the merits of his appeal. Stated briefly, Wagner commenced this litigation by a complaint filed before a magisterial district justice ("MDJ") in the name of "'FACT' Fight Against Corrupted Cop Tactics." Therein he purported to seek criminal prosecution of Brian Hoffman, a former Mifflin County police officer who allegedly dragged Wagner out of a private residence and beat and pepper sprayed Wagner without cause. The MDJ dismissed Wagner's claim.

Thereafter, Wagner filed a notice of appeal in the Mifflin County Court of Common Pleas. In the trial court, Wagner filed a complaint, [1] to which Hoffman filed preliminary objections. The Mifflin County Court of Common Pleas granted Hoffman's preliminary objections to Wagner's first complaint and directed Wagner to file an amended complaint. Wagner then filed an amended complaint.

Wagner's amended complaint is a far more rambling affair than his first complaint. While the first complaint principally set forth allegations against Hoffman, his amended complaint additionally accuses virtually every public agency in Mifflin County of rank misconduct and corruption. See, e.g., Amended Complaint, 12/20/2012, at 2 ¶3 ("Mifflin County Justice System was the one to do things illegally. Mifflin County is a joke."), 2 ¶8 ("It is a proven fact that Mifflin County is the ONLY place to commit a murder and get away with it."), 4 ¶20 ("Mifflin County is a circus court, it's a joke. It thinks it is doing legal justice, but it's not."), 4 ¶21 ("Most of the cops are child molesters, murders, rapist, criminals, dealing drugs, and thieving off anybody they can. They are just legalized thugs. . . . These are your corrupt cops on the streets in Mifflin County.") (all quotations verbatim). Indeed, so scandalous were Wagner's allegations regarding various Mifflin County entities, including the Mifflin County Court of Common Pleas itself, that the entire court recused from the case. Consequently, the case was reassigned to the Honorable Frederic J. Ammerman, President Judge of the Clearfield County Court of Common Pleas.

The Clearfield County Court of Common Pleas granted Hoffman's preliminary objections to the amended complaint on the following bases:

9. From a review of the Amended Complaint, and being legally required to consider as true all well-pleaded material facts therein as well as all reasonable inferences therefrom, it is clear that the document is fatally insufficient and fails to state a legal or cognizable claim.
10. [Hoffman's] Preliminary Objections are GRANTED to the following extent:
a. Plaintiff's claim of criminal offenses fails to state a cognizable claim under [Pa.R.C.P.] 1028(a)(4)[(providing for preliminary objections alleging "insufficient specificity in a pleading")].
b. Gary Wagner must be stricken as a Plaintiff, as he was not included as such in the action filed with the Magisterial District Judge. This Court further notes that it appears the applicable statute of limitations for a civil action by Gary Wagner has expired.
c. The claim of "FACT", as a Plaintiff, is legally insufficient under Rule 1028(a)(4) as "FACT" was not in existence on the date of the alleged incident and because a corporate ...

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