Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Eichelberger v. City of Philadelphia

United States District Court, E.D. Pennsylvania

May 7, 2018

DANIEL EICHELBERGER
v.
CITY OF PHILADELPHIA, CURRAN-FROMHOLD CORRECTIONAL FACILITY, and CORRECTIONS OFFICER S. WILSON

          MEMORANDUM RE: CITY OF PHILADELPHIA'S MOTION TO DISMISS

          MICHAEL M. BAYLSON, U.S.D.J.

         I. Introduction

         At 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 Fed.R.Civ.P. 12(b)(6).

         For reasons discussed below, the Motion to Dismiss will be DENIED IN PART and GRANTED IN PART.

         II. Relevant Factual[1] and Procedural History

         On or 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. ¶¶ 14-15).

         On 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).

         Then, 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.

         The 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. ¶ 22).

         The Amended Complaint contains three counts:

Count I: Monell claim against the City of Philadelphia
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

         The 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.

         III. Summary of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.