Greco v. Senchak
25 F. Supp. 3d 512
M.D. Penn.2014Background
- Plaintiff Greco learns via media that six electronic tax payments were made in his name without his authorization.
- Greco had informed the tax collection agency that he did not authorize online payments and queried bank details; clerk refused disclosure.
- Greco’s bookkeeper paid the remaining taxes after the online payments allegedly already reduced the amount due.
- Newspaper article and radio segment purport to report the bounced checks; Greco seeks investigation and accountability.
- Secret Service and U.S. Attorney determine Greco is not responsible for the bounced checks; NRS and associates continue related tax notices.
- Greco sues for state-law claims and § 1983 equal protection claims; court later dismisses all federal claims and declines supplemental jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Class of one equal protection viability | Greco alleges intentional differential treatment by NRS and officers. | Defendants contend no plausible intentional discrimination shown. | Dismissed; no plausible intent shown. |
| Selective enforcement viability | Greco asserts law enforcement applied selectively against him. | Defendants argue failure to identify a specific law and selective enforcement relied on broad allegations. | Dismissed; insufficient specificity and plausibility. |
| § 1983 respondeat superior liability | Greco seeks vicarious liability for NRS staff under § 1983. | Court previously found § 1983 claims insufficient, no need to decide on vicarious liability. | Not addressed; moot due to dismissal of § 1983 claims. |
| State-law claims and supplemental jurisdiction | State-law claims survive alongside federal questions. | Court should exercise supplemental jurisdiction only if federal claims remain; they do not. | Dismissed without prejudice to refiling in state court. |
Key Cases Cited
- Twombly, 550 U.S. 544 (2007) (pleading requires plausibility, not mere possibility)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (pleading standard of plausibility)
- Gonzaga Univ. v. Doe, 536 U.S. 273 (2002) (§ 1983 source of remedy; rights via constitutional claims)
- Bd. of Cnty. Comm’rs of Bryan County v. Brown, 520 U.S. 397 (1997) (municipal liability requires policy or custom; not respondeat superior)
- Willowbrook v. Olech, 528 U.S. 562 (2000) (class of one equal protection framework)
- Perano v. Township of Tilden, 423 Fed.Appx. 234 (2011) (plaintiff must show intentional differential treatment and no rational basis)
- Hill v. City of Scranton, 411 F.3d 118 (2005) (selective enforcement requires facially neutral law enforcement)
- Robinson v. City of Pittsburgh, 120 F.3d 1286 (1997) (personal involvement required for § 1983 liability; acquiescence concept)
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978) (municipal liability requires policy or custom)