Joseph Timoney, Jr. v. William Loughery
670 F. App'x 47
| 3rd Cir. | 2016Background
- Plaintiff Joseph Timoney sued Upper Gwynedd Township and Officer Edward Tartar after his property at 200 Spruce Circle was sold at a sheriff’s sale that he alleges occurred without his notice.
- Purchasers attempted to take possession; a confrontation at the property ensued between Timoney and the buyers.
- Upper Gwynedd police were called; Officer Tartar responded and escorted Timoney briefly into his home to recover some property and told him arrangements would be made for the remainder, warning that returning earlier would be trespassing.
- Timoney alleged the municipal defendants executed a “lockout” and had a policy of enforcing unlawful evictions without notice.
- The District Court dismissed Timoney’s amended complaint under Rule 12(b)(6) for failure to plead plausible § 1983 claims and denied reconsideration; Timoney appealed as to the municipal defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Monell claim against Upper Gwynedd (municipal liability) | Upper Gwynedd maintained a policy of enforcing unlawful evictions without notice. | Allegation is conclusory and merely recites Monell elements without factual support. | Dismissed: pleading is a threadbare recital insufficient under Twombly/Iqbal. |
| § 1983 claim against Officer Tartar for actions related to sheriff’s sale | Tartar participated in a wrongful lockout and denied Timoney adequate time to recover property, violating constitutional rights. | Tartar arrived after the sheriff’s sale and lacked personal involvement in the sale or notice procedures. | Dismissed: plaintiff failed to allege Tartar’s personal involvement in the constitutional injury; temporal facts preclude liability. |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) (establishes plausibility standard for pleadings)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (plaintiff must plead factual content showing claim is plausible, not merely conclusory)
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978) (municipal liability requires a policy, custom, or deliberate indifference causing the constitutional violation)
- Rode v. Dellarciprete, 845 F.2d 1195 (3d Cir. 1988) (§ 1983 liability requires allegation of each defendant’s personal involvement)