KAMINSKI v. MYDATT SERVICES, INC.
2:12-cv-00363
W.D. Pa.Jun 8, 2012Background
- Kaminski sued Ross Township in Western District of Pennsylvania over events at Ross Park Mall on November 26, 2010.
- Lattera, a Mydatt employee, directed traffic and allegedly struck the Kaminski car; he falsely claimed he was struck by plaintiffs’ car.
- Lattera assaulted John Kaminski, and Serowik arrived and tased John Kaminski during the incident.
- Lattera later faced criminal charges for false imprisonment, simple assault, unlawful restraint, harassment, impersonating a public servant, and filing a false report.
- Plaintiffs allege §1983 claims (Count VII) and negligent training/supervision (Count VIII) against Ross Township; the Township moved to dismiss under Rule 12(b)(6).
- The court grants the motion to dismiss, finding no plausible §1983 claim and immunity for negligent training/supervision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| §1983 supervision liability | Kaminski asserts a municipal policy or custom caused the violation. | Ross Township policy of allowing officers to work security is insufficient to causally connect to the violation. | Policy lacked causal link; no §1983 claim. |
| Failure to train §1983 claim | Amended complaint shows deliberate indifference to rights via training. | No facts showing deliberate indifference; merely bad judgment by Serowik. | No sufficient facts to support deliberate indifference; §1983 failure to train not stated. |
| Negligent training and supervision claims immunity | Count VIII seeks negligence-based claims against the Township responsible for training and supervision. | Count VIII falls under negligent training and supervision with potential liability. | Ross Township immune; sovereign immunity bars negligent training/supervision claims. |
Key Cases Cited
- Twombly, 550 U.S. 544 (2007) (pleading standard requires plausible claims)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (plausibility pleading standard clarified)
- Fowler v. UPMC Shadyside, 578 F.3d 203 (3d Cir. 2009) (three-step approach to pleading sufficiency)
- Malleus v. George, 641 F.3d 560 (3d Cir. 2011) (application of Iqbal/Fowler framework)
- Woods v. Grant, 381 F. App’x 144 (3d Cir. 2010) (pleading §1983 claims against municipalities)
- Kranson v. Valley Crest Nursing Home, 755 F.2d 46 (3d Cir. 1985) (elements for municipal liability require policy and causation)
- Reitz v. County of Bucks, 125 F.3d 139 (3d Cir. 1997) (deliberate indifference standard for training claims)