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Mason v. City of Philadelphia

United States District Court, E.D. Pennsylvania

February 17, 2015

FLORENCE ELIZABETH MASON, et al., Plaintiffs,
v.
THE CITY OF PHILADELPHIA, et al., Defendants.

MEMORANDUM

ROBERT F. KELLY, Sinior District Judge.

Presently before the Court is Defendant, Svetlana Shilomovich's ("Shilomovich"), pro se Motion to Dismiss the Complaint of Florence Elizabeth Mason ("Plaintiff"), in her own right and on behalf of, Vincent T. Mason, Jr., and Crystal Mason, [1] and Plaintiff's pro se Response.[2] For the reasons set forth below, this Motion will be granted.

I. BACKGROUND[3]

Plaintiff initiated this action by filing an application to "Proceed In Forma Pauperis" on September 4, 2013. This Court granted the Motion on September 13, 2013, and on this same day, Plaintiff filed a Complaint naming a long list of Defendants including the following individuals and entities: the City of Philadelphia (the "City"), the Philadelphia Housing Authority ("PHA"); PHA employees, Kelvin A. Jeremiah, Patrick Agnew, and Frank McLaughlin; the Philadelphia Police Department ("PPD"); Commissioner Ramsey; PPD Captain John Fleming; PPD Captain Joseph Fredricsdorf; PPD Officers Kopeki, Whaley ("Lt. Whaley"), Tees, Hummel, Lamdherr, Medycki, Riddock, Long, Diguisse, Larks, Kensy, Sath, Meril, and Lackey; "EDT" Miston; the Philadelphia Municipal Court Landlord Tenant Civil Division and the Office of the Clerks;[4] John and Jane Does of the Philadelphia Animal Control Unit; "Robert H. Messerman, Esq. Law Firm and its employee(s) Earl Smith, " Bart E. Levy, Esq., and his law firm; Third Corsa, Inc.; Elaine Luckin; Lenny Luckin; Shilomovich; and Kenneth L. Baritz Esq., and the Law Firm of Kenneth L. Baritz & Associates.[5] See Compl. ¶¶ 8-16.

Plaintiff's pro se Complaint avers that all Defendants violated her civil rights by malicious prosecution (Count I), selective prosecution (Count II), false arrest (Count III), false imprisonment (Count IV), and excessive force (Count V). Id . ¶¶ 51-87. Plaintiff also alleged a "Monell"[6] claim against the City (Count VI), and state law claims against all Defendants of false arrest/false imprisonment (Count VII), malicious prosecution (Count VIII), assault and battery and intentional infliction of emotional distress (Count IX), and loss of consortium (Count X). Id . ¶¶ 88-103.

Plaintiff contends that:

[t]he Complaint arises out of a lease agreement for Section 8 housing that the Plaintiffs had with Defendant Shilomovich, [7] and with extreme and outrageous course of conduct in which Shilomovich engaged in conspiracy with the other named Defendants, which involved violations of the Plaintiff's [sic] First, Fourth, and Fourteenth Amendment rights, and included physical assaults, excessive force and unlawful arrests of all of the named Plaintiffs by the named Philadelphia City Police officer defendants, and their unlawful incarceration, and other abuses and acts of mistreatment to which they have been, and continue to be subjected.

Id. ¶ 18.

The essence of the Complaint involves an action for eviction from Plaintiff's "Section 8" housing.[8] An action for eviction was initiated in the Philadelphia Municipal Court ("Municipal Court") (No. LT-11-01-06-3627) where, on March 14, 2011, the Court entered judgment[9] against Vincent Mason Sr. and "All Occupants" and for Defendant "Third Corsa (AKA/DBA: Elaine Luckin)." See Compl., Ex. A. The Court issued an order for eviction at 160 E. Meehan Avenue, Philadelphia, Pennsylvania (the "Property").[10] Id . Plaintiff contends that the PPD began efforts to evict Plaintiff on four separate occasions, which resulted in violations of her rights by the PPD and the other Defendants. Id . ¶ 20.

We now will focus on the allegations in the Complaint specifically involving Shilomovich. Plaintiff avers the following:

1. Defendant Shilomovich, Baritz, PHA, Third Corsa, and Luckin entered in a conspiratorial agreement with the Philadelphia Municipal Court and Philadelphia Police defendants; to have her entire family forcefully, strong armed evicted, from [the] property;
2. Elaine Luckin, Shilomovich, Baritz and Earl Smith had pre-planned and arranged for the Philadelphia Police Department to be present there to effectuate a forced illegal strong arm eviction carried out on the many occasion by the 14th District Police Officers under the order of its Lt.'s Kopecki, Whaley and Tees;
3. Lt. Whaley allowed Defendants, Svetlana Schilomovich, Elaine Luckin and Lenny Luckin to enter the property and remove her family's personal property and take such to an undisclosed location robbing them' of all their possessions; and
4. Defendant Schilomovich bribed Lt. Whaley and an Officer Crenshaw[11] to allow those Defendants to enter the Property and take Plaintiff's possessions. Plaintiff witnessed Defendant Shilomovich pass ...

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