BRACKEN v. FITZGERALD, 2:16-cv-00171

Background

Four current/former Pennsylvania constables (Bracken, DeForte, Jackson, Jennings) sued Allegheny County and multiple county officials under 42 U.S.C. §§ 1983, 1985, 1986 and state law, alleging politically motivated targeting over fee submissions for "turn-ins" on Family Division bench warrants.
Plaintiffs allege ADA John Fitzgerald and Inspector Darryl Parker investigated them (2013–2014), demanded retroactive payments under threat of felony prosecution, and in one instance charged DeForte criminally; three plaintiffs were never prosecuted.
Plaintiffs assert longstanding local practice (a 2006 memorandum and a 2012 Constables Handbook) permitted the contested billing; Controller’s Office informally treated billing mistakes as inadvertent.
Plaintiffs sued county entities and supervisors (Sheriff Mullen, Controller Wagner, County, Sheriff’s Office, Controller’s Office) alleging failure to supervise, municipal liability, due process and Fourth Amendment violations, malicious prosecution, and conspiracy claims.
Defendants moved to dismiss for failure to state a claim; the magistrate judge found the amended complaint legally and factually deficient (lack of personal involvement, unclear theories, failure to plead protected property/liberty interests or municipal policy) but granted leave to amend.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether amended complaint states § 1983 claims against ADA Fitzgerald and Inspector Parker for due process and Fourth Amendment violations	Plaintiffs claim Fitzgerald/Parker coerced payments, threatened prosecutions, and interfered with their constitutionally protected interest in serving warrants	Defendants argue pleadings lack facts showing deprivation of property/liberty, coercive seizure, or malicious prosecution elements	Dismissed: plaintiffs failed to plead a protected property/liberty interest or a Fourth Amendment seizure; malicious prosecution elements not met (most plaintiffs never prosecuted; DeForte lacks pleaded liberty deprivation)
Whether municipal/supervisory defendants (County, Sheriff Mullen, Controller Wagner, Sheriff’s Office, Controller’s Office) are liable under § 1983	Plaintiffs allege failure to oversee/train and county customs favoring Sheriff’s Office over constables	Defendants argue no well-pleaded facts of personal involvement, control, or municipal custom/policy causing constitutional injury	Dismissed: conclusory supervisory allegations insufficient; no Monell policy/custom or factual basis for failure-to-train liability
Whether § 1985(3) and § 1986 conspiracy claims are adequately pled	Plaintiffs allege a conspiracy to target politically unpopular constables	Defendants contend plaintiffs fail to allege an invidiously class-based animus or factual basis for a conspiracy; §1986 also time-barred	Dismissed: no class-based discriminatory animus alleged for §1985(3); §1986 fails without §1985 and is untimely
Whether Fourth Amendment seizure occurred when plaintiffs met with prosecutors and paid demanded amounts	Plaintiffs contend the meetings and coerced payments functioned as a seizure or compelled deprivations	Defendants argue meetings were voluntary; plaintiffs free to leave, so no seizure	Dismissed: allegations show voluntary meetings and lack circumstances indicating a seizure under Mendenhall/Bostick tests

Key Cases Cited

Warren Gen. Hosp. v. Amgen Inc., 643 F.3d 77 (3d Cir.) (Rule 12(b)(6) facial plausibility standard)
Mayer v. Belichick, 605 F.3d 223 (3d Cir.) (materials considered on motion to dismiss)
Commonwealth of Pa. ex rel. Zimmerman v. PepsiCo, Inc., 836 F.2d 173 (3d Cir.) (pleading may not be amended by briefs)
Frederico v. Home Depot, 507 F.3d 188 (3d Cir.) (limitations on supplementing pleadings via briefs)
Ashcroft v. Iqbal, 556 U.S. 662 (2009) (supervisory liability requires factual showing of personal involvement)
Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (municipal liability requires policy/custom causing deprivation)
Connick v. Thompson, 563 U.S. 51 (2011) (failure-to-train standards for municipal liability)
Gallo v. City of Phila., 161 F.3d 217 (3d Cir.) (prosecution without probable cause not per se constitutional tort)
Albright v. Oliver, 510 U.S. 266 (1994) (limits on constitutionalizing malicious prosecution)
DiBella v. Borough of Beachwood, 407 F.3d 599 (3d Cir.) (malicious prosecution §1983 elements and seizure requirement)
United States v. Mendenhall, 446 U.S. 544 (1980) (seizure analysis—free to leave standard)
Florida v. Bostick, 501 U.S. 429 (1991) (totality of circumstances for seizure analysis)
Johnson v. Knorr, 477 F.3d 75 (3d Cir.) (elements of §1983 malicious prosecution)