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Minor v. 18Th District

United States District Court, E.D. Pennsylvania

April 27, 2018

MARCHESU MINOR, Plaintiff,
v.
18th DISTRICT, et al. Defendants.

          MEMORANDUM

          QUIÑONES ALEJANDRO, J.

         In this 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).[1] 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.

         I. FACTS

         The 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.

         Ms. 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.)[2] 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.)

         Ms. 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.)

         Returning 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.)

         Ms. 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.

         Ms. 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 that:

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.”)).

         In the 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.[3]Id. Ms. Minor appears to be challenging that arrest as well, and she alleges ...


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