United States District Court, E.D. Pennsylvania
MEMORANDUM RE: CITY OF PHILADELPHIA'S MOTION TO
MICHAEL M. BAYLSON, U.S.D.J.
issue in this civil rights case is whether this Court should
grant a motion to dismiss filed by Defendants, the City of
Philadelphia, Gerald May, and Nancy Giannetta pursuant to
reasons discussed below, the Motion to Dismiss will be DENIED
IN PART and GRANTED IN PART.
Relevant Factual and Procedural History
about December 16, 2016, Plaintiff Daniel Eichelberger was an
inmate at the Alternative and Special Detention Unit of the
Curran-Fromhold Correctional Facility in Philadelphia. (ECF
9, Amended Complaint ¶ 9). According to the Amended
Complaint, Defendant Stefan Wilson, a corrections officer
employed at the facility, derided Plaintiff by calling him a
“junkie” drug addict and a liar. (Id.
¶ 13). Subsequently, Wilson allegedly assaulted and
battered Mr. Eichenberger, fracturing Plaintiff's jaw and
necessitating surgical repair. (Id. ¶¶
December 26, 2017, Plaintiff filed a Complaint against the
City of Philadelphia (the “City”) and Wilson,
alleging one Monell count against the City, and one
count for violation of Eighth and Fourteenth Amendment rights
against Wilson. Wilson answered the Complaint's
allegations, and the City filed a Rule 12(b)(6) Motion to
Dismiss. (ECF 6 and 7).
on February 14, 2018, Plaintiff timely filed an Amended
Complaint (ECF 9, “AC”), pursuant to Fed.R.Civ.P.
15(1)(B). The Amended Complaint added claims against two
additional defendants, Gerald May and Nancy Giannetta,
wardens of the facility, in both their individual and
official capacities as wardens.
Amended Complaint alleges that the City, “by and
through Wardens May and Giannetta, trained  Wilson that it
is acceptable and appropriate to repeatedly punch an inmate
with a closed fist and fracture said inmate's jaw
whenever the inmate is in close proximity.” (AC ¶
20). Following the allegedly improper behavior by Wilson, no
discipline was levied against Wilson. (Id. ¶
21). Therefore, Plaintiff concluded, it is the City's
“policy and procedure to repeatedly strike an inmate
and fracture his/her jaw whenever said inmate moves in close
proximity to a corrections officer.” (Id.
Amended Complaint contains three counts:
Count I: Monell claim against the City of
Count II: Violation of the Eight and Fourteenth Amendments of
the Constitution and 42 U.S.C. § 1983 against Wilson
Count III: Violation of Civil Rights, 42 U.S.C. § 1983,
against all Defendants
City filed a Motion to Dismiss, pursuant to Fed.R.Civ.P.
12(b)(6), on February 28, 28, 2018 (ECF 11), to which
Plaintiff filed a response on March 16, 2018 (ECF 16). The
City did not avail itself of the opportunity to file a reply
brief. Wilson answered the Amended Complaint on February 28,
2018. (ECF 12). Therefore, because Count II pertains only to
Wilson, the present motion to dismiss only challenges Counts
I and III.
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