Anthony Catanzaro v. Michael Collins
447 F. App'x 397
3rd Cir.2011Background
- Catanzaro filed suit pro se and amended against attorneys Michael Collins and Patrick Rogan and judges James McClure and James Munley.
- Rogan represented him in a 1997 state protection-from-abuse proceeding resulting in 90 days' imprisonment; Collins represented him in federal proceedings arising from that proceeding.
- In 2000, Judge McClure dismissed one federal suit and entered summary judgment against Catanzaro in another.
- Catanzaro alleges a conspiracy to deprive him of constitutional rights, learning of it from a 2006 article noting Rogan is Munley’s son-in-law; asserts 42 U.S.C. §§ 1983, 1985 and state-law claims.
- The District Court granted multiple Rule 12(b)(6) dismissals and denied his motion for counsel; Catanzaro appealed but we dismissed for lack of jurisdiction on the counsel-appointment ruling.
- The court ultimately affirmed, concluding immunity, statutes of limitations, no state-action for § 1983, no viable § 1985 conspiracy claim, and futility of further amendment; district court exercised supplemental jurisdiction over state-law claims and dismissed them as legally insufficient.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to rule on 12(b)(6) motions | Catanzaro contends the appeal divested the district court of authority. | Appeal of denial of counsel is premature and did not divest jurisdiction. | District court properly ruled; premature appeal did not strip jurisdiction. |
| Consideration of matters outside the complaint | District court relied on footnote about related cases to infer immunity. | Public-record material permissible on Rule 12(b)(6) and did not drive the decision. | Courts may consider public records; reliance was not the dispositive basis. |
Key Cases Cited
- Smith-Bey v. Petsock, 741 F.2d 22 (3d Cir. 1984) (premature appeal does not deprive district court of jurisdiction)
- Venen v. Sweet, 758 F.2d 117 (3d Cir. 1985) (premature appeal does not divest district court of jurisdiction)
- Keystone Redev. Partners v. Decker, 631 F.3d 89 (3d Cir. 2011) (public-record materials may be considered on Rule 12(b)(6) motions)
- Bright v. Westmoreland Cnty., 443 F.3d 276 (3d Cir. 2006) (exercise of supplemental jurisdiction after dismissal of federal claims)
- Tabron v. Grace, 6 F.3d 147 (3d Cir. 1993) (standards for appointing counsel in civil rights actions)
- Great W. Mining & Mineral Co. v. Fox Rothschild LLP, 615 F.3d 159 (3d Cir. 2010) (plenary review of dismissal and related standards)