United States District Court, E.D. Pennsylvania
QUIÑONES ALEJANDRO, J.
civil action, Plaintiff Marchesu Minor, a prisoner
incarcerated at the Riverside Correctional Facility, brings
claims against: (1) 18th District (a district of
the Philadelphia Police Department); (2) Josephine Minor (her
mother); (3) Andrew Shaw (her former attorney); and (4)
Consortium (identified as a Mental Health
Facility). Ms. Minor seeks to proceed in forma
pauperis. For the following reasons, Ms. Minor motion to
proceed in forma pauperis is
GRANTED, and her Complaint is
DISMISSED pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii) for failure to state a claim.
Complaint is somewhat difficult to understand based on the
manner in which it is pled. In general, Ms. Minor appears to
be claiming that her mother does not care about her and
subjects her to abuse, and that she has sustained various
injuries in falls and as a result of fights with her mother.
It appears that she retained Mr. Shaw to represent her in
connection with personal injury claims and a landlord-tenant
dispute, but that Mr. Shaw ultimately terminated the
attorney-client relationship. Ms. Minor has twice been
arrested for assault and other charges, apparently stemming
from disputes between her and her mother.
Minor attached a letter from Mr. Shaw to the Complaint, in
which he stated that:
In light of your voluminous encounters with the legal system,
both civil and criminal and based upon your penchant to
request legal assistance from this office and then refusing
to pay for same, be advised that this office has decided that
it no longer wishes to represent you on any matter - whether
pending or in the future.
(Compl. ECF No. 1-1, at 14.) The letter also informed Ms.
Minor that the “statute of limitations on [her] current
‘personal injury' claim against The Consortium will
expire on 1/06/19.” (Id.)
Minor's relationship to the Consortium is unclear,
although the Complaint implies that she is receiving mental
health services from the Consortium as she notes that a
Consortium Supervisor advised her to move and references a
P.C.A., which might refer to a personal care assistant.
(Id. at 8-9.) Ms. Minor also claims that, at some
point, she was “assaulted by the guard at
Consortium.” (Id. at 9.)
to Mr. Shaw, Ms. Minor responded to him via letter, a copy of
which is also attached to the Complaint. The letter suggests
that Ms. Minor believes Mr. Shaw developed a conflict of
interest and reflects that Mr. Shaw did not believe her
assertion that her mother fell in what appears to have been
one of the many incidents for which Ms. Minor sought counsel.
The Complaint also alleges that Ms. Minor sustained injuries
at a bus stop “21/20 days after 1-6-17 while being
victim to Josephine Minor's helplessness and Takishia
Minor's verbal attacks.” (Id. at 3.) The
basis for Ms. Minor's claims against Mr. Shaw in the
instant lawsuit stem primarily from an alleged
“violation of attorney client relationship as the
attorney is in place to protect his client.”
(Id. at 7.)
Minor also appears to take issue with her recent arrests. A
review of state court dockets reflects that Ms. Minor was
recently arrested and prosecuted in the Philadelphia
Municipal Court for assault and other charges in connection
with two incidents that occurred in 2017. See
Commonwealth v. Minor, Docket Nos. MC-51-CR-0037973-2017
& MC-51-CR-0001900-2017. The charges in the first
criminal matter were dismissed either for lack of evidence or
for failure to prosecute. See Commonwealth v. Minor,
Docket No. MC-51-CR-0001900-2017. The charges, which included
assault, were based on an offense that occurred on January
19, 2017. See id.. It is possible, though unclear,
that the incident underlying Ms. Minor's arrest is the
same incident that underlies her allegations about being
injured at a bus stop.
Minor further alleges that she was “falsely arrested
evicted and draging [sic] clothes, dog & Josephine Minor
[her mother] every where she went.” (Compl. ECF No. 1-1
at 4.) It appears that police got involved during the
underlying incident (as well as others). Ms. Minor contends
victim's officer of the 18th assasignated
[sic] Marchesu Minor character with verbal insult 1-28-17 as
she had advised P.C.A to deal with 9th's
assault on mom 1-9-17. Then mom falls over a bag of concrete
as I'm leaving therapy 1-26-17. Yet I've been
arrested for elderly abuse on mom.
(Id.; see also Id. at 10 (further
discussing January 28, 2018 incident) & 18 (complaining
of the matter to Internal Affairs).) It also appears that Ms.
Minor believes that police officers did not do enough to help
her situation in light of her allegations that she
“watch[ed] the police laugh as they used [her]
situation to allow robbery, burglary, terroristic threat
intimidation and abuse . . . .” (Id. at 11;
see Id. (“District Attorney Office
couldn't assist improper police reports failed to even
protect the elderly laws.”)).
second case, two of six charges brought against Ms. Minor
were dismissed for lack of evidence. See Commonwealth v.
Minor, Docket No. MC-51-CR-0037973-2017. Ms. Minor
proceeded to trial on the remaining counts; she was acquitted
of unlawful restraint and false imprisonment, and found
guilty of recklessly endangering another person and simple
assault. Id. She was sentenced to six to
twenty-three months of incarceration with instructions
following a mental health evaluation that she should be
immediately paroled to an inpatient program when a bed is
available.Id. Ms. Minor appears to be
challenging that arrest as well, and she alleges ...