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Minor v. 18th District

United States District Court, E.D. Pennsylvania

May 16, 2018

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

          MEMORANDUM

          NITZA I. QUINONES ALEJANDRO, United States District Court Judge

         In this civil action, Plaintiff Marchesu Minor ("Minor"), a prisoner incarcerated at the Riverside Correctional Facility, brings claims against: (1) the 18th District (a district of the Philadelphia Police Department); (2) Josephine Minor (her mother); (3) Andrew Shaw (her former attorney); and (4) The Consortium (identified as a Mental Health Facility).[1] In a Memorandum and Order entered on the docket April 27, 2018, the Court granted Minor leave to proceed in forma pauperis and dismissed, without prejudice, her complaint for failure to state a claim to her filing an amended complaint. Thereafter, Minor filed a "Response, " which the Court will construe as an Amended Complaint. For the following reasons, the Court will dismiss Minor's Amended Complaint for failure to state a claim, pursuant to 28 U.S.C. § l9l5(e)(2)(B)(ii).

         I. FACTS

         In her initial complaint, Minor appeared to be claiming that her mother does not care about her and subjects her to abuse, and that she sustained various injuries in falls and fights with her mother. Apparently, Minor retained Mr. Shaw to represent her in connection with personal injury claims and a landlord-tenant dispute, and that Mr. Shaw ultimately terminated the attorney-client relationship. 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 wrote 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 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 implied that she has been receiving mental health services from The Consortium. Minor also claimed that, at some point, she was "assaulted by the guard at Consortium." (Id. at 9.)

         Minor responded to Mr. Shaw via letter, a copy of which was also attached to the complaint. The letter suggested that Minor believed that Mr. Shaw developed a conflict of interest and reflected that he did not believe her assertion that her mother fell in what appears to have been one of the many incidents for which Minor sought counsel. The complaint also alleged 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 bases for Ms. Minor's claims were primarily based on an alleged "violation of attorney client relationship as the attorney is in place to protect his client." (Id. at 7.)

         Minor's complaint also appeared to take issue with her recent arrests. A review of state court dockets reflected that 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-5l-CR-0001900-2017. The charges in the first criminal matter were dismissed for reasons unclear, 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 uncertain, that the incident underlying Minor's arrest is the same incident underlying her allegations about being injured at a bus stop.

         Minor alleged that she was "falsely arrested evicted and draging [sic] clothes, dog & Josephine Minor [her mother] every where [sic] she went." (Compl. ECF No. 1-1 at 4.) It appears that police officers were involved during the underlying incident (as well as others). Minor further 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) and 18 (complaining of the matter to Internal Affairs).) The complaint also reflected Minor's belief that the police officers did not do enough to help her, 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 criminal case against Minor, two of six charges were dismissed for lack of evidence. See Commonwealth v. Minor, Docket No. MC-51-CR-0037973-2017. Minor proceeded to trial on the remaining counts and 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 ...


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