2:24-cv-01386•MAY v. BURNSWORTH et al
Gesamter Gesetzestext
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA WILLIAM MAY, ) ) Plaintiff, ) Civil Action No. 2:24-cv-1386 ) v. ) ) Judge Marilyn J. Horan OFFICER DONALD BURNSWORTH, ) Magistrate Judge Patricia L. Dodge OFFICER ANDREW HIGINBOTHAM, ) LAUREL R. HARRY, ) SUPERINTENDENT TINA WALKER, ) LIEUTENANT SEAN DAILEY, ) SERGEANT MATTHEW FARNAM, ) OFFICER DAKOTA MCWILLIAMS, ) OFFICER NOAH WILSON and ) OFFICER JULIAN TATUM, ) ) Defendants. ) REPORT AND RECOMMENDATION I. RECOMMENDATION Plaintiff William May, who is proceeding pro se, is in the custody of the Pennsylvania Department of Corrections (“DOC”) and housed at SCI Fayette. For the reasons that follow, it is respectfully recommended that the Court dismiss with prejudice the official capacity claims asserted against all Defendants, as well as the claims asserted against Superintendent Tina Walker and Secretary Laurel R. Harry in their individual capacities. II. REPORT A. Relevant Procedural Background May filed the original complaint in October 2024. He named as defendants Lt. Dailey and Corrections Officers (“CO”) Burnsworth and Higinbothham, each of whom worked at SCI Fayette on August 22, 2024, the date of the events in question in this lawsuit. May alleged in the original Case 2:24-cv-01386-MJH-PLD Document 64 Filed 12/11/25 Page 1 of 11
2 complaint (ECF 6) that on that date, these three individuals assaulted him, and he asserted claims against them of excessive force and civil conspiracy under 42 U.S.C. § 1983. Lt. Dailey and COs Burnsworth and Higinbothham filed their answer to the original complaint. (ECF 27.) The Court then issued a case management order that, among other things, set forth the schedule for discovery. (ECF 28.) After the close of discovery, May moved to amend the complaint to add as defendants Sgt. Matthew Farnam, CO Dakota McWilliams, CO Noah Wilson, CO Julian Tatum, SCI Fayette Superintendent Tina Walker, and DOC Secretary Laurel R. Harry and to assert against one or more of them (as well as the three original defendants) claims of excessive force and civil conspiracy based on the alleged August 22, 2024 incident. In support of his motion, May explained that when he filed the original complaint he knew that more officers were involved in the incident, but that he was unable initially to identify them because of the severity of the injuries he sustained. May stated that he did not learn the names of the other officers involved in the incident until after he received in discovery the “extraordinary occurrence reports for Sgt. Farnam, and Correctional Officers McWilliams, Wilson and Tatum.” (ECF 38 at 1.) Defendants opposed Plaintiff’s motion, suggesting that amendment would prejudice them because it would require returning to the pleading stage and require the filing of a motion to dismiss. (ECF 41.) Thereafter, the Court granted May leave to amend and directed the Clerk’s Office to file the Amended Complaint. However, it advised the parties that Defendants were not required to respond to the Amended Complaint until the Court reviewed it under the applicable screening provisions of the Prison Litigation Reform Act (“PLRA”) and issued any appropriate orders. (ECF 42; see also ECF 45.) Case 2:24-cv-01386-MJH-PLD Document 64 Filed 12/11/25 Page 2 of 11
3 The case was later temporarily stayed for reasons related to the ransomware attack on the Pennsylvania Attorney General’s Office (attorneys with that office represent Defendants). (ECF 54.) The stay has now been lifted. (ECF 56.) B. Allegations of the Amended Complaint May alleges in the Amended Complaint that between 12:30 and 1:30 p.m. on August 22, 2024, Lt. Dailey, Sgt. Farnam and COs Burnsworth, Higinbotham, McWilliams, Wilson and Tatum, each of whom was assigned to the Special Management Unit (“SMU”) at SCI Fayette, approached May’s cell to conduct a strip search. (ECF 44 ¶¶ 13, 19-20.) During this incident, May alleges, he sustained serious injuries when the officers, at the direction of Lt. Dailey, brutally assaulted him. (Id. ¶¶ 30-35) May claims that these Defendants’ actions violated the DOC’s “use of force” policy, which is set forth at DC-ADM 201. (Id. ¶¶ 14-19.) May brings civil conspiracy and/or excessive force claims under § 1983 against Lt. Dailey, Sgt. Farnam and COs Burnsworth, Higinbotham, McWilliams, Wilson and Tatum (labeled “Count One” and “Count Two,” respectively, in the Amended Complaint). (Id. ¶¶ 42-45.) He also brings excessive force claims under § 1983 against Supt. Walker and Sec. Harry premised on the allegation that they failed to protect him because they “failed to train, improperly trained, and failed to put a procedure in place to ensure training was being applied” (labeled “Count Three” in the Amended Complaint). (Id. ¶¶ 46). C. Standard of Review Under the PLRA, courts shall screen complaints where, as is the case here, the plaintiff has been granted leave to proceed in forma pauperis, 28 U.S.C. § 1915(e)(2)(B)(ii). It requires the Court to dismiss a complaint or certain claims contained in it if, among other things, the complaint or claim at issue fails to state a claim upon which relief may be granted. Case 2:24-cv-01386-MJH-PLD Document 64 Filed 12/11/25 Page 3 of 11
4 The legal standard for dismissing a complaint under the PLRA for failure to state a claim is identical to the legal standard used when ruling on a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). Tourscher v. McCullough, 184 F.3d 236, 240 (3d Cir. 1999). In deciding a Rule 12(b)(6) motion, the court must “accept all factual allegations as true, construe the complaint in the light most favorable to the plaintiff, and determine whether, under any reasonable reading of the complaint, the plaintiff may be entitled to relief.” Fowler v. UPMC Shadyside, 578 F.3d 203, 210 (3d Cir. 2009) (quoting Phillips v. Cnty. of Allegheny, 515 F.3d 224, 233 (3d Cir. 2008)). While “accept[ing] all of the complaint’s well-pleaded facts as true,” the court “may disregard any legal conclusions.” Id. at 210-11. The plaintiff must plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). “Though ‘detailed factual allegations’ are not required, a complaint must do more than simply provide ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action.’” Davis v. Abington Mem’l Hosp., 765 F.3d 236, 241 (3d Cir. 2014) (quoting Twombly, 550 U.S. at 555). In sum, the plaintiff “must plead facts sufficient to show that her claim has substantive plausibility.” Johnson v. City of Shelby, Miss., 574 U.S. 10 (2014). Because May is proceeding pro se, his allegations, “however inartfully pleaded,” must be held to “less stringent standards than formal pleadings drafted by lawyers.” Haines v. Kerner, 404 U.S. 519, 520-521 (1972). Moreover, under the liberal pleading rules a court should construe all allegations in a complaint in favor of the complainant. Case 2:24-cv-01386-MJH-PLD Document 64 Filed 12/11/25 Page 4 of 11
5 D. Discussion Section 1983 “provides a cause of action against state actors who violate an individual’s rights under federal law.” Filarsky v. Delia, 566 U.S. 377, 380 (2012). Section 1983 does not create substantive rights but “provides only remedies for deprivations of rights established elsewhere in the Constitution or federal laws.” Kneipp v. Tedder, 95 F.3d 1199, 1204 (3d Cir. 1996). “To state a claim under § 1983, a plaintiff must allege the violation of a right secured by the Constitution and laws of the United States, and must show that the alleged deprivation was committed by a person acting under color of state law.” West v. Atkins, 487 U.S. 42, 48 (1988). A plaintiff must plead a defendant’s personal involvement in the alleged deprivation of his constitutional rights. See, e.g., Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988). That is because, as stated in the text of § 1983 itself, only a person who “subjects, or causes to be subjected” another person to a civil rights violation can be held liable under § 1983. Thus, each defendant is liable only for his or her own conduct. See, e.g., id.; see also Parkell v. Danberg, 833 F.3d 313, 330 (3d Cir. 2016); Barkes v. First Correctional Medical, 766 F.3d 307, 316 (3d Cir. 2014) (rev’d sub. nom. on other grounds 575 U.S. 822 (2015)); C.N. v. Ridgewood Bd. of Educ., 430 F.3d 159, 173 (3d Cir. 2005) (“To impose liability on the individual defendants, Plaintiffs must show that each one individually participated in the alleged constitutional violation or approved of it.”) (citing C.H. v. Oliva, 226 F.3d 198, 201-02 (3d Cir. 2000) (en banc)). 1. Claims Asserted Against Each Defendant in His or Her Official Capacity The Amended Complaint asserts claims against each Defendant in his or her official and individual capacities. The official capacity claims are barred by Eleventh Amendment immunity. A § 1983 claim asserted against an individual in his or her “official capacity” is synonymous with a claim against the entity that employs the individual (here, the DOC). Kentucky Case 2:24-cv-01386-MJH-PLD Document 64 Filed 12/11/25 Page 5 of 11
6 v. Graham, 473 U.S. 159, 165-66 (1985) (“Official-capacity suits…‘generally represent only another way of pleading an action against an entity of which an officer is an agent.’”) (quoting Monell v. Dep’t of Soc. Services of the City of New York, 436 U.S. 658, 690 (1978)). Thus, “an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity.” Id. The Eleventh Amendment proscribes actions in the federal courts against states, their agencies and state officials acting within their official capacities. Graham, 473 U.S. at 165-67; Pennhurst State Sch. & Hospital v. Halderman, 465 U.S. 89 (1984); Betts v. New Castle Dev. Ctr., 621 F.3d 249, 254 (3d Cir. 2010) (“official capacity suits generally represent only another way of pleading an action against the state.”) (citing Lombardo v. PA. Dept. of Pub. Welfare, 540 F.3d 190, 194 (3d Cir. 2008)). The DOC and the facilities that comprise the DOC are agencies or arms of the Commonwealth of Pennsylvania and, as such, both they and their employees who are sued in their official capacities are entitled to Eleventh Amendment immunity unless an exception to such immunity applies. See, e.g., Lavia v. Pennsylvania, Dep’t of Corr., 224 F.3d 190, 195 (3d Cir. 2000). “Such immunity…may be lost in one of two ways: (1) if the Commonwealth waived its immunity; or (2) if Congress abrogated the States’ immunity pursuant to a valid exercise of its power.” Id. Neither exception applies to May’s § 1983 claims. The Commonwealth has not waived its immunity, see, e.g., id. (citing Pa. Const. Art. I, § 11 and 42 Pa. Cons. Stat. § 8521(b)), and Congress did not abrogate states’ sovereign immunity when it enacted § 1983. Will v. Mich. Dep’t of State Police, 491 U.S. 58, 66 (1989); Quern v. Jordan, 440 U.S. 332, 339-46 (1979). Thus, all § 1983 claims asserted against Defendants in their official capacities are barred by the Eleventh Amendment. Case 2:24-cv-01386-MJH-PLD Document 64 Filed 12/11/25 Page 6 of 11
7 Although claims against state officers in their official capacity for prospective relief are not barred by the Eleventh Amendment, this exception, first set forth in Ex parte Young, 209 U.S. 123 (1908), is “narrow,” in that it “applies only to prospective relief, [and] does not permit judgments against state officers declaring that they violated federal law in the past.” Puerto Rico Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139, 146 (1993) (emphasis added) (citing Green v. Mansour, 474 U.S. 64, 73 (1985)); see also Christ the King Manor, Inc. v. Sec’y U.S. Dep’t of Health & Human Servs., 730 F.3d 291, 318 (3d Cir. 2013). The purpose of this exception ensures that state officials cannot employ the Eleventh Amendment to avoid compliance with federal law. Id. Thus, in determining whether the doctrine of Ex parte Young avoids an Eleventh Amendment bar to suit in this case, the Court must determine whether May has alleged in the Amended Complaint an ongoing violation of federal law and whether he seeks injunctive relief from a defendant who can stop the violation. Verizon Md., Inc. v. Pub. Serv. Comm’n, 535 U.S. 635, 645 (2002) (“In determining whether the doctrine of Ex parte Young avoids an Eleventh Amendment bar to suit, a court need only conduct a straightforward inquiry into whether [the] complaint alleges an ongoing violation of federal law and seeks relief properly characterized as prospective.”) (alteration in original) Although May claims an entitlement to injunctive relief in the Amended Complaint, no official capacity claim asserted against any Defendant1 falls within the narrow Ex parte Young doctrine. That is because all of May’s claims (Counts One, Two and Three) are premised on the 1 Presumably, May is seeking injunctive relief from Sec. Harry and/or Supt. Walker because they are the only Defendants in the position to provide him with such relief. In the Amended Complaint, May alleges that Sec. Harry “is legally responsible for the overall operation of the Department and each institution under its jurisdiction, including SCI Fayette.” (ECF 44 ¶ 4.) He alleges that Supt. Walker “is legally responsible for the operation of SCI Fayette and for the welfare of all the inmates in that prison.” (Id. ¶ 5.) Case 2:24-cv-01386-MJH-PLD Document 64 Filed 12/11/25 Page 7 of 11
8 alleged incident of excessive force that occurred on August 22, 2024, not on an ongoing constitutional violation.2 Based on the above, the Court should dismiss with prejudice the claims asserted against each Defendant in his or her official capacity. 2. Claims Asserted Against Sec. Harry and Supt. Walker in Their Individual Capacities As previously noted, Count Three of the Amended Complaint is an excessive force claim against Supt. Walker and Sec. Harry premised on the allegation that they did not protect May from the events of August 22, 2024 because they “failed to train, improperly trained, and failed to put a procedure in place to ensure training was being applied[.]” (ECF 44 ¶¶ 46). Also as previously noted, § 1983 requires that a plaintiff plead a defendant’s personal involvement in the alleged deprivation of his constitutional right. Rode, 845 F.2d at 1207. The Court of Appeals has explained that liability may attach to a supervisor-defendant such as Sec. Harry and Supt. Walker for constitutional harms incurred by an inmate if the supervisor: (1) directed a subordinate to take the action in question; (2) had “knowledge of and acquiesced” in the subordinate’s unconstitutional conduct, meaning the supervisor knew that his or her subordinate was violating the plaintiff’s rights but failed to stop the subordinate from doing so; or (3) with deliberate indifference to the consequences, established and maintained a policy, practice or custom which directly caused the violation. See, e.g., A.M. ex rel. J.M.K. v. Luzerne Cnty. Juv. 2 Moreover, the injunctive relief requested in Amended Complaint (an order that directs that May be removed from the SMU, transferred, and that also ensures that he will not face “any future negative incidents” or retaliation (ECF 44 ¶¶ 47-48), runs afoul of the PLRA’s limitation on prospective relief in any civil action with respect to prison conditions. That limitation, codified at 18 U.S.C. § 3626(a)(1)(A), provides that “[t]he court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation of the Federal right.” Case 2:24-cv-01386-MJH-PLD Document 64 Filed 12/11/25 Page 8 of 11
9 Det. Ctr., 372 F.3d 572, 586 (3d Cir. 2004) (citation omitted); Rode, 845 F.2d at 1208. “Failure to” claims—failure to train, discipline or supervise—are generally considered a subcategory of policy or practice liability. Barkes, 766 F.3d at 316-19. Importantly, “it is not enough for a plaintiff to argue that the constitutionally cognizable injury would not have occurred if the superior had done more than he or she did.” Sample v. Diecks, 885 F.2d 1099, 1118 (3d Cir. 1989). Rather, the plaintiff must point to specific facts showing “a close causal relationship between the ‘identified deficiency’ and the ‘ultimate injury.’” Id. Additionally, “[a] pattern of similar constitutional violations by untrained employees is ‘ordinarily necessary’ to demonstrate deliberate indifference for purposes of failure to train.” Connick v. Thompson, 563 U.S. 51, 62 (2011). Here, May fails to plead sufficient facts to state a “failure to” protect or train excessive force claim against either Sec. Harry or Supt. Walker. He alleges in the Amended Complaint that the DOC has a policy regarding the use of force and that the officers involved in the August 22, 2024, incident intentionally and maliciously violated that policy. (ECF 44 ¶¶ 14-17.) He has not, however, asserted any facts that plausibly causally link the officers’ actions to any failure to train on the part of either Sec. Harry or Supt. Walker. May cannot assert a claim against Sec. Harry or Supt. Walker based on conclusory statements that they failed to train or supervise employees at SCI Fayette. Similarly, although May states at Count Three that Sec. Harry and Supt. Walker knew or should have known about the alleged “widespread use of excessive force” at SCI Fayette and other DOC facilities (ECF 44 ¶ 46), he asserts no facts in the Amended Complaint that support that allegation. Moreover, such broad and conclusory allegations that attempt to impute either Case 2:24-cv-01386-MJH-PLD Document 64 Filed 12/11/25 Page 9 of 11
10 Sec. Harry’s or Supt. Walker’s personal involvement in the August 22, 2024 incident warrant no presumption of truth. Based on the above, May has failed to plausibly allege that the officers’ misconduct on August 22, 2024 was the result of any failure to train on the part of either Sec. Harry or Supt. Walker. Therefore, the Court should dismiss the individual-capacity claims asserted against those two defendants. When dismissing a § 1983 claim, a court must give a plaintiff the opportunity to replead it in an amended complaint unless doing so would be “inequitable or futile.” Fletcher-Harlee Corp. v. Pote Concrete Contractors, Inc., 482 F.3d 247, 251 (3d Cir. 2007). Under the circumstances here—in which (1) May filed the Amended Complaint after having the benefit of discovery and (2) there is no basis to surmise that he will be able to state a plausible “failure to” protect or train claim against either Sec. Harry or Supt. Walker—it is recommended that the dismissal of the individual-capacity claims asserted against them be with prejudice. III. CONCLUSION It is respectfully recommended that the Court dismiss with prejudice: (1) the official- capacity claims asserted against each Defendant; and (2) the individual-capacity claims asserted against Sec. Harry and Supt. Walker, who should then be terminated as defendants in this action. The excessive force and conspiracy claims asserted against Lt. Dailey, Sgt. Farnam and COs Burnsworth, Higinbotham, McWilliams, Wilson and Tatum remain in this action, and the Court will issue an appropriate scheduling order after the resolution of this Report and Recommendation. Under the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.D.2 of the Local Civil Rules, the parties are allowed fourteen (14) days from the date of this Order to file Case 2:24-cv-01386-MJH-PLD Document 64 Filed 12/11/25 Page 10 of 11
11 objections to this Report and Recommendation. Failure to do so will waive the right to appeal. Brightwell v. Lehman, 637 F.3d 187, 193 n.7 (3d Cir. 2011). Date: December 11, 2025 /s/ Patricia L. Dodge PATRICIA L. DODGE UNITED STATES MAGISTRATE JUDGE Case 2:24-cv-01386-MJH-PLD Document 64 Filed 12/11/25 Page 11 of 11
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