United States District Court, E.D. Pennsylvania
approximately three weeks, Bucks County citizen Thomas
Picozzi filed several frivolous cases in this Court including
against judges and court staff in federal and state courts.
Mr. Picozzi is largely upset with court orders or otherwise
is challenging tortious conduct by fellow Pennsylvanians over
which we lack subject matter jurisdiction. Each case lacks
merit or we lack subject matter jurisdiction. In each case,
Mr. Picozzi seeks leave to proceed in forma
pauperis. Based on his sworn financial status, we grant
Mr. Picozzi leave to proceed in forma pauperis. Upon
close review, we dismiss each of his complaints in the
accompanying Order. In light of his frenzied filing history
of frivolous complaints, which reflects an abuse of the
in forma pauperis privilege, we also require Mr.
Picozzi to show cause before filing future lawsuits without
paying the administrative and filing fees.
Facts and procedural history.
Picozzi filed eleven cases in less than a month. He initially
filed cases appearing to be loosely based on a will, alleged
assaults and murder, medical issues, injuries to his
genitals, alleged harassment, and allegations he fathered
children with two women who have since been hiding the
children from him. After our colleagues dismissed certain of
those cases, primarily on jurisdictional grounds, Mr. Picozzi
began filing lawsuits against those judges and court staff.
He also filed a law suit based on his recent state court
conviction for harassment, and a lawsuit based on a
protection from abuse order obtained by his ex-wife. As Mr.
Picozzi's earlier lawsuits in this Court underlie several
of his cases against judges and court staff, we begin with
his first filings before addressing the seven cases before us
todayng the allegations in his more recent lawsuits.
Judge Goldberg dismissed Mr. Picozzi's first
Picozzi filed his first Complaint at issue on May 11, 2018,
docketed as Picozzi v. McKeown, No. 18-1998 (E.D.
Pa.) and assigned to the Honorable Mitchell S. Goldberg. He
sued Joseph McKeown, Pat Mason, Kathleen Kacknacker, Ethel
McKeown, and Harry McKucking. Mr. Picozzi alleged "when
[he] was a young kid Joseph molested [him] for they been
harassing [him] when [his] mom die[d]." He alleged these
Defendants "made a will behind [his] back" and
blocked his phone number from people. Mr. Picozzi plead he
"had to go to City Hall and get a
will." He also claimed the Defendants "had
this people in the medical field do stuff to [him and he] got
stuff in [his] private part where [he] can't have
sex!" Mr. Picozzi argued that "Joseph came
to hospital and did stuff this Dr. Snyder no [sic] him real
well and his brother Murphy." He also lost his house up in
Langhorne. According to Mr. Picozzi, Mr. Murphy and
his sister "tr[ied] to kill [him] at a wedding by
drugging [him]." He claimed the Defendants' actions
"screw[ed him] up" mentally. As relief, he
asked the Court to "put the guy behind
16, 2018, Judge Goldberg granted Mr. Picozzi leave to proceed
in forma pauperis and dismissed his Complaint
without prejudice. Judge Goldberg found Mr. Picozzi had not
stated a basis for a federal civil rights claim under 42
U.S.C. § 1983, as Mr. Picozzi had not sued state actors
and lacked a judicially cognizable interest in the
prosecution of others. To the extent Mr. Picozzi asserted
claims under state law, he had not stated a basis for
diversity jurisdiction under 28 U.S.C. § 1332, as the
Complaint did not plead the parties' citizenship. Judge
Goldberg gave Mr. Picozzi leave to amend in the event he
could establish a basis for diversity jurisdiction. Mr.
Picozzi has not yet filed an amended complaint.
Judge Rufe dismissed Mr. Picozzi's second case.
Picozzi filed his second Complaint on May 15, 2018, docketed
as Picozzi v. Guy Peiagelee & Sons, No. 18-2032
(E.D. Pa.) and assigned to the Honorable Cynthia M. Rufe. Mr.
Picozzi sued Guy Peiagelee & Sons, Harry McKucking,
Franny Laffy, Ed Coreyel, Ed Coreyel, Jr., Joseph Biccala and
Son, Gerry Coganlen, Mike Jacab, Noll Orr, Bob Burns, and
Rich Gannon. Mr. Picozzi alleged Harry McKucking tried to
kill him because he found out that McKucking had murdered his
daughter. He alleged McKucking had Mr.
Picozzi's ex-wife "drug [him] for years they killed
[him he] came backMr. Picozzi then heard "they [stole]
over 150 million off of the state of PA
convention." Subsequently, "Carpenter top men
where good friend with all the doctor they had [Picozzi] beat
up put stuff in [his] private part [his] body where [he]
can't have sex." Guy Peiagalee and his son
allegedly stole a grave site from Mr. Picozzi's family
where "a little baby" was buried. Franny Laffy
"was [allegedly] involved in a murder of [Picozzi's]
buddy Larry Sullivan, " and she was also allegedly
involved in what happened to Mr. Picozzi. Mr. Picozzi
alleged these events occurred in 2011. With respect
to injuries, Mr. Picozzi alleged he "can't have sex
can't pee [right] it all swelling up down there" and
that he has "a sound in [his] head all
day." He alleged he called the carpenters'
union 1, 000 times and it has not called him
18, 2018, Judge Rufe granted Mr. Picozzi leave to proceed
in forma pauperis and dismissed his Complaint. Judge
Rufe explained several of Mr. Picozzi's allegations rose
to the level of delusional because they were based on
irrational or nonsensical thoughts. Judge Rufe also found no
basis for a federal claim and, to the extent Mr. Picozzi
plead claims under state law, he plead no basis for diversity
jurisdiction under 28 U.S.C. § 1332. After concluding
amendment is futile, Judge Rufe dismissed the case with
Judge Goldberg dismissed Mr. Picozzi's third
same time Mr. Picozzi filed his Complaint in Civil Action
Number 18-2032, Mr. Picozzi filed Picozzi v.
McKeown, Civ. A. No. 18-2033 (E.D. Pa.) assigned to
Judge Goldberg. He sued Sue McKeown, Frank McKeown, Terry
McKeown, Paddie Riley, and Francis Janson (identified in the
caption as Frais Janson). Mr. Picozzi alleged he fathered
children with Sue McKeown and Paddie Riley but those women
hid the children from him, and some of the other Defendants
affected his mind through the television. His exhibits
attached to the Complaint showed Mr. Picozzi contacted
Francis Janson, Esquire about claims and other Defendants had
asked Mr. Picozzi to stop contacting them or they would
report him to the police, presumably for harassment.
21, 2018, Judge Goldberg granted Mr. Picozzi leave to proceed
in forma pauperis and dismissed his Complaint with
prejudice. As Judge Rufe found with Mr. Picozzi's second
case, Judge Goldberg found some of Mr. Picozzi's
allegations appeared delusional and, to the extent he plead
state law claims, he failed to plead diversity jurisdiction.
Judge Goldberg dismissed with prejudice finding amendment
would be futile.
Mr. Picozzi sues Judge Goldberg and Judge Rufe.
to their judicial orders, Mr. Picozzi filed three cases
against Judges Goldberg and Rufe, seeking to proceed in
forma pauperis in each one. On May 25, 2018, Mr. Picozzi
filed Picozzi v. Goldberg, alleging Judge Goldberg
violated his rights or otherwise wronged him by dismissing
his third case. Mr. Picozzi asks for Judge Goldberg to meet
with him, call him, or write to him. Mr. Picozzi subsequently
filed a "statement" containing allegations about
his attorney, his ex-wife, and a will. He attached the will
as an exhibit.
days later, Mr. Picozzi filed two Complaints on May 29, 2018.
In Picozzi v. Goldberg, No. 18-2238 (E.D. Pa.), he
sued Judge Goldberg, Clerk of Court Kate Barkman, and two
members of the Clerk's Office staff. He challenges Judge
Goldberg's dismissal of Mr. Picozzi's first case and
would like to "have a meeting" with the
Judge. He alleges no facts against the other
Defendants. In Picozzi v. Ruff [sic], No. 18-2239
(E.D. Pa.), he sued Judge Rufe (incorrectly spelled Judge
Ruff), two members of the Clerk's Office staff, and an
individual named Leslie Szabo. He challenges Judge Rufe's
dismissal of his second case. He alleges no conduct by the
Clerk's office or Leslie Szabo.
Mr. Picozzi again sues Attorney Janson.
25, 2018, the same date that Mr. Picozzi filed his first case
against Judge Goldberg, Mr. Picozzi filed Picozzi v.
Janson, No. 18-2210 (E.D. Pa.), assigned to the
Honorable C. Darnell Jones II. He again sued Francis Gerard
Janson, the attorney who had previously been included as a
Defendant in Civil Action Number 18-2033, alleging he sought
Attorney Janson's advice regarding allegations of
harassment and sexual assault, women were hiding children
from him, and regarding a will. On June 1, 2018, Judge Jones
granted Mr. Picozzi leave to proceed in forma
pauperis, construed his Complaint as raising legal
malpractice claims, and dismissed the Complaint for lack of
subject matter jurisdiction for lack of diversity. Judge
Jones denied him leave to file an amended complaint, but the
dismissal of his claims was without prejudice to suing
Attorney Janson in state court.
Mr. Picozzi files his first personal injury case.
same day that Mr. Picozzi filed his second case against Judge
Goldberg and his first case against Judge Rufe, he also filed
a personal injury Complaint against nineteen defendants: Dr.
Allen Snyder, Kimberly Groew, Dr. Stein, Khan Mohammad,
Leslie Szabo, Lefton BPH Skewlec, Saul Miller, Bruce Sizer,
Segal Aaronson, Sharon Picozzi (his ex-wife),
"Boyfriend", Dr. Denisa Perice, Bill Clemens, D.
Enpawo, Judy Stevenson, "Murphy", Mike Hand
Brother, Frank Capano, and Phila D.M. Construction. We
docketed the case as Picozzi v. Snyder, No. 18-2235
(E.D. Pa.) and assigned this personal injury case to Judge
Picozzi alleged a hospital admitted him for gastrointestinal
bleeding in August 2015. He alleges he "die[d] a few
time[s]" while in the hospital. Dr. Capano and Dr. Perice
"had 10 IV in [him]" and a blonde nurse put a tube
in his mouth and poured liquid down his throat so that he
would not die. Mr. Picozzi stated that Dr. Snyder
informed him that he would be on oxygen and would walk with a
walker for the rest of his life. Mr. Picozzi "then . . .
found out they put something in [his] prevent [sic]
parts" and alleges that Dr. Snyder knew about
"something in [his] air way." After the
hospital released him, "this guy Murphy & Jim and
Brain [sic] Donahue tr[ied] to beat [him] ¶ 3
time[s]." He also alleges someone beat him up at
an Alcoholics Anonymous meeting and he filed a police report
to record this conduct. Mr. Picozzi then returned to the
hospital who told him he had heart failure. Mr. Picozzi
alleges he hears noises, cannot have sex because his
"penis won't get hard, " cannot urinate
correctly, and has difficulty breathing. Mr. Picozzi
seeks to proceed in forma pauperis, but it is not
clear what relief, if any, he is requesting from the Court.
Mr. Picozzi's second personal injury case.
Picozzi filed a second personal injury Complaint on May 31,
2018 suing Allen Robert Snyder, William J. Benz, and Officer
Brown docketed as Picozzi v. Snyder, No. 18-2277
(E.D. Pa.) and assigned to the Honorable Gene E.K. Pratter.
The case is essentially based on a criminal charge filed
against Mr. Picozzi for harassing Dr. Snyder. Mr. Picozzi
alleges he received "a non-traffic citation summons ...
for calling Dr. Allen Robert Snyder for help. Mr. Picozzi
alleges he called the Doctor for help and believes the Doctor
"put something in [his] air way and something in [his]
privet [sic] parts.
Picozzi alleges Officer Brown interviewed him for his
"side of they [sic] story. Officer Brown may have
filed the harassment charge against Mr. Picozzi. Mr. Picozzi,
however, alleges he does not think Dr. Snyder should have
pursued the charge.
review of public dockets confirms on April 26, 2018, the
Bucks County authorities charged Mr. Picozzi with one count
of "Harassment - Course of Conduct W/No Legitimate
Purpose. On May 23, 2018, Magisterial District
Judge William J. Benz found Mr. Picozzi guilty of harassing
Dr. Snyder. Mr. Picozzi attended a hearing (presumably the
summary trial) and told Judge Benz what Dr. Snyder allegedly
did and also informed him "this guy murphy from Aria
Hospital had me beat up in [an] A.A. meeting. Mr. Picozzi
also apparently told Judge Benz of his swollen private parts.
Despite his testimony, Judge Benz found Mr. Picozzi
"guilty of phone harassment.
Picozzi's Complaint and attachments also reference the
carpenters union suggesting it is involved with the hospital,
discusses various individuals and events including an
incident related to a casino, and mentions a divorce, but it
is not clear how those allegations relate to Mr.
Picozzi's claims against Dr. Snyder, Judge Benz, or
Officer Brown. Again, Mr. Picozzi seeks to proceed in
forma pauperis but it is not clear what relief he seeks
from the Court.
Mr. Picozzi sues Judge Rufe, Judge Pratter, Judge Goldberg
and Judge Jones.
4, 2018, Mr. Picozzi sued Judge Goldberg, Judge Rufe
(incorrectly spelled Judge Ruff), Judge Jones, Judge Pratter,
and an employee of the Clerk's Office. Mr. Picozzi
expresses dissatisfaction with Judge Jones's dismissal of
his Complaint in No. 18-2210. Mr. Picozzi lists reasons why
he believes Judge Jones erred and also appears to reference
allegations contained in complaints not before Judge Jones.
Mr. Picozzi seeks leave to proceed in forma pauperis
but does not request any particular relief from the Court.
Mr. Picozzi sues a variety of persons relating to his
Picozzi then sued Robert L. Katzenstein (a divorce attorney),
Judge Frge, Mr. Picozzi's ex-wife Sharon, Linda C.
Frederick, Steve Tomas (an employee of this Court's
Clerk's Office), Officer Mark Werth, Middle Town Police,
"Mary from Medicare, " and Mr. Romaciki (identified
as a "prison Guard in court room"). As with all of
his other cases, Mr. Picozzi seeks to proceed in forma
pauperis. Mr. Picozzi's claims appear to be
predicated primarily on a notice his ex-wife had moved for a
protection from abuse order against him in the family
division of me Bucks County Court of Common Pleas and a
related proceeding. As with his other Complaints, Mr. Picozzi
diverges into allegations unrelated to the named parties.
Katzenstein apparently asked if Mr. Picozzi would like him to
serve as his attorney, presumably in connection with a
hearing related to his ex-wife's petition. During their
discussion, Mr. Picozzi "told him what happen[ed] to
[him] up here in Doylestown went to Buck [sic] county for two
days for nothing" and adds he thinks "they were
trying to put [him] in prison." It is not clear to whom
"they" refers. Mr. Picozzi attended a hearing in
court on April 11, 2018. During the hearing "[t]he judge
keep say a buddy of [his] dad's name[d] Mr. Sullivan said
it lik[e] 4 or 5 time[s] like he worked there" and Mr.
Katzenstein said "derogatory things" to Mr.
Picozzi. Mr. Picozzi alleges that he "[kept]
[his] mouth shut" because he "wasn't sure what
was going on." He contends that he experienced a mental
breakdown from the "harassment" he
experienced. It appears that Judge Frge presided over
the hearing and issued Mr. Picozzi's ex-wife a protection
from abuse order against Mr. Picozzi.
attachment to his Complaint, Mr. Picozzi suggests a link
between the deaths of two of his friends, and suggests
third-parties-including Harry McKuckie and members of the
McKeown family whom he has sued in other cases-caused the
protection from abuse order, the deaths, and/or other bad
things happening to him. Mr. Picozzi also believes his
ex-wife "lied on the abuse order. He again
references the carpenter's union and alleged abuses at
the convention center, and questions whether "some
people in city hall" are involved in corruption. He
appears to believe his ex-wife tried to kill him and had
members of the carpenter's union come to his house
"looking at stuff in [his] garage it was on this T.V.
stuff." His remaining rambling allegations read
like a sprawling conspiracy theory. Mr. Picozzi also attached
various documents to his Complaint, most of which are related
to the protection from abuse order sought by his ex-wife, and
the rest of which do not clarify the basis for additional
Chief Judge Stengel reassigned Mr. Picozzi's cases to
ensure judicial economy.
Picozzi responds to dismissal orders by suing the Judges
assigned to his cases, Chief Judge Lawrence F. Stengel
reassigned all of Mr. Picozzi's pending cases (Nos.
18-2201, 18-2235, 18-2238, 18-2239, 18-2277, 18-2324, and
18-2327) to me as we have not been sued by him. We must now
review Mr. Picozzi's Motions to proceed in forma
pauperis and screening under 28 U.S.C. §
We grant Mr. Picozzi's motions for leave to proceed
in forma pauperis.
grant Mr. Picozzi leave to proceed in forma pauperis
as he is not capable of paying the fees to commence this
are waiving his filing fees, Congress requires we screen his
Complaints under 28 U.S.C. § 1915(e)(2)(B). We must
dismiss Mr. Picozzi's Complaints if, among other things,
they are frivolous or fail to state a claim. A complaint is
frivolous if it "lacks an arguable basis either in law
or in fact, " and is legally ...