82 Pa. Commw. 362 | Pa. Commw. Ct. | 1984
Opinion by
Gary W. Bank (Petitioner) filed a Complaint in Trespass in this Court on April 24, 1981, against the Commonwealth of Pennsylvania, the Pennsylvania State Police and four individual State Troopers
The procedural history of this action is complex. After the action was filed in our Court, we transferred the case, sua sponte, on April 30, 1981, to the Court of
There can be no doubt that we may examine the question of our jurisdiction sua sponte, Husted v. Board of Directors of Wellsboro Area School District, 57 Pa. Commonwealth Ct. 520, 427 A.2d 272 (1981), notwithstanding the fact that both parties contend that we do have jurisdiction.
The Petitioner’s complaint in trespass alleges that the tortious acts of the individual Troopers constituted a willful deprivation of his federal constitutional rights in violation of 42 U.S.C. §§1983 and 1985. In count II of the complaint, Petitioner avers that the Commonwealth and Pennsylvania State Police violated his civil rights in violation of Sections 1983 and 1985 and his rights secured by the Constitution of Pennsylvania in that they, the Commonwealth and Pennsylvania State Police, failed to exercise due care over the selection of State Troopers, failed to train and exercise due control over the individual Respondent State Troopers and failed to exercise proper control over custodians and other personnel in the Dauphin County Jail. The complaint alleges that the tortious acts of the individual Troopers were committed while they were engaged within the scope of their employment with the Commonwealth and the State Police.
It cannot be disputed that, unless the individual Troopers were “officers” of the Commonwealth within the meaning of that term as used in 42 Pa. C. S. §761 (a), which defines our exclusive original jurisdiction, we have no such jurisdiction with respect to those
We now proceed to the question of our original jurisdiction with respect to the asserted liability of the Respondents based upon 42 U.S.C. §§1983 and 1985. We first note that a relatively recent decision of the U.S. Supreme Court has stated that that Court has never considered whether a state must entertain a claim under Section 1983. Martinez v. California, 444 U.S. 277, 283 n. 7 (1980). It has been held by that same Court that a Section 1983 claim is a species of tort liability. Imbler v. Pachtman, 424 U.S. 409 (1976). In Hampton v. Holmesburg Prison Officials, 546 F.2d 1077 (3d. Cir. 1976) it was held that Section 1983 suits may not impose liability based upon the traditional standards of respondeat superior.
As we have noted, the basis for our original jurisdiction is set forth in 42 Pa. C. S. §761. The parties now before us contend that we have original jurisdiction in the instant case by virtue of the fact that the suit is against the Commonwealth government, 42 Pa.
There can be no reason for the statutory exception other than to direct the trial of such cases to courts best equipped for such trials. A careful review of the allegations in the instant complaint discloses a myraid of factual matters to be resolved. Apart from the pragmatic approach, however, there is sound legal authority to support our decision in this matter. In Kapil v. Association of Pennsylvania State College and University Faculties, 68 Pa. Commonwealth Ct. 287, 448 A.2d 717 (1982), rev’d on other grounds, Pa. , 470 A.2d 482 (1983), we held that “traditional” state sovereign immunity clearly pre-existed Section 1983. If such immunity existed at that time, it certainly falls within the statutory exception of actions or proceedings as to which the Commonwealth government formerly enjoyed sovereign immunity. In Kapil, Judge Williams pointed out that in Quern v. Jordan, 440 U.S. 332 (1979), the U.S. Supreme Court held that in enacting Section 1983, Congress did not intend to override the traditional concept of sovereign immunity. True it is that after our Supreme Court abolished traditional sovereign immunity in Mayle v. Dept. of Highways, 479 Pa. 384, 388 A.2d 709 (1978), the legislature replaced it with statutory language, 42 Pa. C. S. §§8521-8528, but the fact remains that the only purpose of that statute was to restore sovereign immunity where it formerly existed.
Concerning the specific allegations of wrong-doing by the Commonwealth and State Police alleged to be a violation of Petitioner’s civil rights under our state constitution, we say only that if such rights exist
For the foregoing reasons we will transfer this case to the Court of Common Pleas of Dauphin County pursuant to the provisions of Pa. R.O.P. No. 213(f) for disposition of the remaining pending motions and trial of the cause, if necessary.
Order
This case is transferred to the Court of Common Pleas of Dauphin County for all further proceedings, including the disposition of any remaining motions and for trial of the cause if and when necessary.
The individual State Troopers are John O. Balshy, Dean B. Shipe, Joseph A. Van Nort and John J. Holtz.
Sections 1983 and 1985 of the Federal Civil Rights Act, 42 U.S.C. §§1983, 1985 (1982).
This Court’s order transferred the case on April 30, 1981, pursuant to 42 Pa. C. S. §761(a) (1) (iv), (actions or proceedings in trespass as to which the Commonwealth government formerly enjoyed sovereign or other immunity). By subsequent amendment of the Act of December 20, 1982, P.L. 1409, this section became 42 Pa. C. S. §761(a) (1) (v), (actions or proceedings in the nature of trespass as to which the Commonwealth government formerly enjoyed sovereign or other immunity and actions or proceedings in the nature of assumpsit relating to such actions or proceedings in the nature of trespass). Since the pertinent language to this case is “actions or proceedings in trespass as to which the Commonwealth government formerly enjoyed sovereign or other immunity” which is the identical language in both sections, this opinion will refer to the more recent cite, 42 Pa. C. S. §761(a) (1) (v).
It is unfortunate that the Plaintiff-Petitioner is the victim of this procedural football but this Court must very carefully scrutinize cases alleged to be in its original jurisdiction because we are ill-equipped from the standpoint of personnel and physical facilities to engage in the trial of cases, especially those where a jury must be impanelled. While we respect and hold in highest regard the common pleas trial courts in the Commonwealth, we believe that an order of this Court which has not been appealed should be enforced rather than reviewed by a court of common pleas.
The Court did not address the Petitioner’s contention that by failing to appeal from our order of April 30, 1981, the Commonwealth .and State Police had waived their right to a review of the jurisdictional issue,
The court of common pleas in its memorandum opinion found that the averment of the violation of such constitutional rights under the Pennsylvania Constitution was based “presumably” on Article I, Section 26 and was sufficient to lodge jurisdiction in this Court rather than in the court of common pleas.