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Cheap Home Decor: Crafting with Paper
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Latest Comments
"I saw this pattern and thought it would be great to go in my gift tins for my homemade spa sets for Christmas. I started the pattern but kept having trouble with the puff stitch. When I try to pull through the loop the hook gets stuck and pull a strand or two out making it look un-neat. Is there a way to prevent this? Could it be the yarn I am using?"
"I love this pattern for making dishcloths! It is so simple and it's so easy to remember. It makes a great,durable dishcloth. Does anyone tried this pattern with that new yarn that is made for making dishcloths? I think it might be a rayon blend. I'm going to try it next time I need dishcloths."
"This is a great beginner project, it was easy to follow and gave great instruction. I was able to work up several of these for co-workers who thought it was so cute. I am going to make several more for my home for company to use when they come over and have coffee."
"These spiral beaded trees are so pretty! For extra sparkle, I am going to place a battery tea light candle in the center of the spiral. Several of these trees would look great placed within a strand of twinkle or small rice lights on a mantle or table center piece!"
"That's a great idea!"
Diamond Love Wall Hanging
By: DecoArt
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Remind someone special of your love with this pretty diamond wall hanging, perfect for a kitchen or bathroom. Create the diamond background with scrapbook paper for a quick project.
- DecoArt Americana Acrylics DA265 - Tuscan Red
- Americana Writers DAW67 - Black
- Americana Spray Sealers DAS12 - Americana Gloss Spray
- 3/4" flat brush
- Foam plate
- 7 3/8" x 9 3/8" piece of coordinating scrapbook paper (We used a black diamond pattern by Boo Bunny Press.)
- Painted heart shape, Lara's Crafts 20036R
- Two 15" lengths of 3/8" to 1/2" wide ribbon for hanger
- Lo-temp glue gun
- Aleene's Quick Drying Tacky Glue
- 8" x 10" wrapped canvas
1. Use 3/4" flat brush and Tuscan Red to paint sides and 1/2" top border of canvas; let dry.
2. Brush glue evenly on front of canvas, within 1/2" of edge. Center and attach paper pieces over glue and press down. Use credit card, gift card, or burnisher to adhere paper well, removing all wrinkles. Let glue dry.
3. Use lo-temp glue gun to glue heart at center of canvas front.
4. Use Black Americana Acrylic Writer to write "love" on heart and let dry.
5. Spray heart with Americana Gloss Spray Sealer. Let dry.
6. Refer to photo and glue end of each ribbon to upper corners, with ribbon slanted inward. Tie loose ends of ribbon into bow.
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2800 N US-23, East Tawas 48730
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United States District Court, W.D. Pennsylvania
June 16, 2015
NICOLE KENNEY, Plaintiff,v.CITY OF PITTSBURGH, PITTSBURGH POLICE BUREAU, OFFICER W. DERRICKSON (#1433), OFFICER R. WALTER (#3773), OFFICER ERIKA JONES, OFFICER JEFFREY J. ABRAHAM, and BRANDI BOYD Defendants.
Arthur J. Schwab United States District Judge.
I. Introduction
This is a civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff, Nicole Kenney, filed a seven count Complaint (and thereafter an Amended Complaint) alleging numerous constitutional violations and state law claims stemming from her alleged unlawful arrest(s) in July and September of 2012. Doc. No. 17 (Amended Complaint). Kenney contends that her constitutional rights under the Fourth (4th), Ninth (9th) and Fourteenth (14th) Amendment were violated in the following particulars: (1) that Officers Abraham, Jones, and Constables Derrickson and Walter, [1] individually, and on behalf of the City of Pittsburgh (City) and the Pittsburgh Police Bureau, [2] falsely arrested and maliciously prosecuted her without probable cause (Counts I, II and VI); (2) that the City had a policy, practice, or custom that amounted to deliberate indifference in allowing Constables to serve arrest warrants that were based upon false affidavits which failed to establish probable cause for her arrest, and that the City failed to train or supervise the Officers who unlawfully violated her rights (Count III); (3) that all Defendants (the City, the Officers/Constables, and Boyd (an informant for the police)) conspired against her because Boyd gave false statements, and the Officers then swore out false affidavits that did not constitute probable cause and that the City wrongfully charged Plaintiff without further investigation, even though her accuser (Boyd) had prior felony convictions (Count IV); (4) that Defendant Officers, Constables, and Boyd intentionally inflicted emotional distress on Plaintiff (Count V); and, (5) Defendant Boyd intentionally battered and assaulted her (Count VII).
The gravamen of Plaintiff's Amended Complaint centers upon two incidents, wherein Constables Derrickson, and Walter, who are not employed by the City in any capacity (but rather by Castle Shannon), allegedly improperly served warrants for her arrest based upon allegedly falsified affidavits of probable cause that were prepared by Officers Jones and Abraham. The alleged basis for the affidavits of probable cause were statements made by Defendant Boyd, with whom Plaintiff had a contentious relationship, for reasons not entirely clear. Plaintiff contends that the Officers, the Constables, the City, and Boyd conspired against her to charge her with crimes she did not commit all because Boyd was an informant for the City. Criminal charges were lodged against Plaintiff as a result of allegations that Plaintiff shot a gun at Boyd and other allegations which Plaintiff contends were false. Ultimately, all charges were dismissed.
Pending before this Court are the joint motions for summary judgment and supporting documentation filed on behalf of Defendants Erika Jones, Jeffrey Abraham, the City of Pittsburgh and the City of Pittsburgh Police Bureau (doc. no. 43), Plaintiff's response in opposition thereto (doc. no. 51), and Defendants' Reply (doc. no. 55).
After careful consideration, and for the reasons that follow, this Court finds that Plaintiff has failed to adduce evidence from which a finder of fact could reasonably determine: (1) that there was no probable cause for the arrest of Plaintiff by Defendants Abraham and Jones (thereby eliminating false arrest and malicious prosecution claims); (2) that the Defendants conspired against her to violate her civil rights; and, (3) that the customs, practices, and policies of the City amounted to deliberate indifference to her constitutional rights. Additionally, Defendants are entitled to qualified immunity for their actions. For these reasons, the Court finds that when judging the facts in the light most favorable to Plaintiff as the non-moving party, the facts fall short of the quantum of culpability required in order to maintain a civil rights action.
Therefore, summary judgment will be GRANTED as to all claims against the City, and Officers Abraham, and Jones. The Court will decline to exercise jurisdiction over the remaining assault/battery and emotional distress claims against Boyd, and the Constables.
II. Summary Judgment Standards
Summary judgment under Fed.R.Civ.P. 56(c) is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Woodside v. School Dist. of Philadelphia Bd. of Educ., 248 F.3d 129, 130 (3d Cir. 2001), quoting Foehl v. United States, 238 F.3d 474, 477 (3d Cir. 2001) (citations omitted). In deciding a summary judgment motion, the court must "view the evidence . . . through the prism of the substantive evidentiary burden" to determine "whether a jury could reasonably find either that the plaintiff proved his case by the quality and quantity of the evidence required by the governing law or that he did not." Anderson v. Consolidated Rail Corp., 297 F.3d 242, 247 (3d Cir. 2002), quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 254 (1986).
When the non-moving party will bear the burden of proof at trial, the moving party's burden can be "discharged by 'showing' -- that is, pointing out to the District Court -- that there is an absence of evidence to support the non-moving party's case." Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). If the moving party has carried this burden, the burden shifts to the non-moving party who cannot rest on the allegations of the pleadings and must "do more than simply show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986); Petruzzi's IGA Supermarkets, Inc. v. Darling-Delaware Co., 998 F.2d 1224, 1230 (3d Cir. 1993). Thus, the non-moving party cannot rest on the pleadings, but instead must go beyond the pleadings and present "specific facts showing that there is a genuine issue for trial, " Fed.R.Civ.P. 56(e), and cannot rely on unsupported assertions, conclusory allegations, or mere suspicions in attempting to survive a summary judgment motion. Williams v. Borough of W. Chester, 891 F.2d 458, 460 (3d Cir.1989) (citing Celotex, 477 U.S. at 325 (1986)). The non-moving party must respond "by pointing to sufficient cognizable evidence to create material issues of fact concerning every element as to which the non-moving party will bear the burden of proof at trial." Simpson v. Kay Jewelers, Div. Of Sterling, Inc., 142 F.3d 639, 643 n. 3 (3d Cir. 1998), quoting Fuentes v. Perskie, 32 F.3d 759, 762 n. 1 (3d Cir. 1994).
"In considering a motion for summary judgment, a district court may not make credibility determinations or engage in any weighing of the evidence; instead, the non-moving party's evidence 'is to be believed and all justifiable inferences are to be drawn in his favor.' Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986)." Marino v. Industrial Crating Co., 358 F.3d 241, 247 (3d Cir. 2004.) See also Doe v. County of Centre, PA, 242 F.3d 437, 446 (3d Cir. 2001) (court must view facts in the light most favorable, draw all reasonable inferences, and resolve all doubts, in favor of the nonmoving party).
III. Material Facts
The parties have amassed approximately 25 pages of Joint Concise Material Facts, many of which are in fact disputed and are not material. The Court has gleaned the following factual background, which unless otherwise noted, is undisputed.
A. Investigation of Events Leading up to July 4, 2012 Arrest
On June 18, 2012, Defendant Abraham was dispatched to 111 Grimes Avenue in the Hill District section of Pittsburgh, for a criminal mischief report by alleged victim Boyd. Doc. No. 57 at ¶ 1. According to the affidavit of Officer Abraham, Boyd stated that she was at the Red Onion Bar on 2176 Webster Avenue between the hours of 12:00 AM and 1:30 AM on June 17, 2012, when she got into a verbal argument with a male known as Curtis (Edmonds) that she had been dating. During the argument, a female who was with Edmonds went into a Chrysler 300 and allegedly pulled out a black pistol from her purse and pointed it at Boyd and fired two shots. The affidavit explains that Boyd claimed that she fled on foot and called 911 but then left the scene to handle a family emergency. Plaintiff disputes that version of the events and instead claims that Boyd attacked her with mace and/or pepper spray, that she did not fire any shots (as no shell casings were found at the scene), and that Defendants have not produced any record of Boyd's alleged 911 call. Defendants counter that no shell casings were found because the police did not look for shell casings, and Defendant Abraham received a verbal confirmation of shots fired and did not seek a paper copy of the alleged 911 call until after this lawsuit was filed.
According to Abraham's prepared Police Report, Boyd (who has not been served and who has not been deposed in this case) also allegedly stated that after the incident at the Red Onion Bar, Edmonds sent Boyd threatening texts stating that he was going to brick her house. When Boyd returned to her residence on June 18, 2012 at 9:30 P.M., she allegedly witnessed the same Chrysler 300 stop in front of her home and she saw Curtis throw a brick through her window. Kenney denies any knowledge of the vandalism to Boyd's home, and the parties dispute where Kenney was during the vandalism incident. Boyd, who allegedly did not know Kenney's name, asked others and found out her name; meanwhile, Officer Abraham conducted his own investigation (through the County Quick Arrest system) and determined Kenney's address, and saw that Kenney had been arrested on another occasion following a complaint of Kenney waiving a gun at another female and her children. Plaintiff takes issue with the fact that Officer Abraham did not check Boyd's background as well, which would have revealed a criminal record (Boyd was convicted of numerous charges, but only one 2005 crimen falsi conviction). Doc. No. 57 at ¶ 38. It is important to note that Abraham had no prior relationship with, nor did he even know Boyd prior to June 18, 2012. Doc. No. 44-2. Officer Abraham was also not aware that Boyd was an informant[3] for the Pittsburgh police. Doc. No. 57 at ¶ 16.
On June 25, 2012, Boyd picked Kenney's picture out of a picture line-up, which was created by Detective Scafede. Defendant Abraham completed the paperwork for a warrant for Kenney, which Kenney alleges was deficient because he did not interview either Edmonds or Kenney, only Boyd. Plaintiff contends that she gave a statement to Officer King, which Officer Abraham failed to investigate, but Defendants counter that Plaintiff never produced any record of such a report, other than Plaintiff's own statement. Id. at ¶ 3-4.
B. July 4, 2012 Arrest
Pursuant to the warrant obtained by Officer Abraham, on July 4, 2012, at approximately 2:00-2:30 A.M., Kenney was arrested by Constables Derrickson and Walter, who arrived at Plaintiff's residence in Brighton Heights, and began banging on the door. Id. at ¶ 5; Doc. No. 17, Amended Complaint at ¶ 15. Kenney was in her living room when the Constables started pounding on the door. Kenney was not dressed and she grabbed a short robe to cover herself. Plaintiff answered the door and one of the Constables shoved his flashlight in and forced the door open. Doc. No. 57, Plaintiff's Additional Facts at ¶ 51. After informing Plaintiff that she was under arrest, Plaintiff contends that one of the Constables stood in the living room and inappropriately looked at Plaintiff's 13 year-old daughter. Doc. No. 57 at ¶ 52; Doc. No. 17, Amended Complaint at ¶ 16. Additionally, one of the Constables followed Plaintiff upstairs to watch as she fully undressed and then dressed herself so that she could be placed in custody. Id. at ¶ 53. Plaintiff and her father asked to see a warrant. Doc. No. 17, Amended Complaint at ¶ 17. The Constables allegedly did not produce an arrest or search warrant upon entering Plaintiff's residence, and did not read Plaintiff her Miranda rights upon arresting her. Instead, Plaintiff claims that the Constables told her that she was being arrested because she had "shot a woman in the head." Doc. No. 57 at ¶54. Id. Plaintiff stated that one of the Constables stated to her on the way to the Allegheny Jail, "I know you didn't do that stuff to Boyd, but we had to come." Id. at ¶ 55. Plaintiff was taken by the officers to Allegheny County Jail. Id. Officer Abraham was listed as the arresting officer. Doc. No. 17, Amended Complaint at ¶ 18. Plaintiff was charged with aggravated assault and reckless endangerment. Id. at ¶ 19. There is no dispute among the parties that Plaintiff had a harrowing experience on the day of her July 4, 2012 arrest.
Later that day or the next day, Plaintiff attempted to file a police report about the incident at both the Zone 1 and Zone 2 stations of the Pittsburgh Police Department. Id. at ¶ 20. Pittsburgh Police refused to allow her to do so as she did not know the name of her assailant. Id.
On August 1, 2012, at the preliminary hearing before Magistrate Cooper, he decided not to hear the case, and according to Officer Abraham, Boyd was upset with him because the charges were not re-filed against Kenney.
C. Second Altercation and Attempted Arrest
On August 25, 2012, Plaintiff and Boyd allegedly had another altercation, wherein Boyd allegedly maced Plaintiff. Doc. No. 17, Amended Complaint at ¶ 22. On August 26, 2012, Plaintiff attempted to file a police report with the Pittsburgh Police in order to initiate criminal charges against Boyd. Id. at ¶ 24. However, Officer McManus of the Pittsburgh Police informed Plaintiff that she was unable to do so because Boyd had already filed charges against Plaintiff. Id. Officer McManus also told Plaintiff that being maced or sprayed with pepper spray was not grounds for a criminal assault charge. Id.
On September 11, 2012, Officer Jones prepared an investigative report after Jones spoke with Boyd, following a hearing at City Court involving Edmonds. Based upon the information Jones received from Boyd including subsequent to Plaintiff's arrest in July of 2012, she was driving in front of her house threatening her, and waiving a gun in front of her children, Jones requested another arrest warrant which was approved by the District Attorney's Office and the District Magistrate Judge. Doc. No. 57 at ¶ 18. Officer Jones was not present when the Constables attempted to arrest Kenney, nor did she request that the Constables serve the arrest warrant.
According to the allegations in Plaintiff's Complaint (but not referenced in the Joint Concise Material Facts), on September 22, 2012, Constables Derrickson and Walter again arrived at Plaintiff's residence. Doc. No. 17, Amended Complaint at ¶ 25. At approximately 1:30 A.M., the Constables knocked on Plaintiff's door while yelling, "Boom boom bitch, you know what you did." Id. Plaintiff refused to open the door and instead called her parents. Id. Upon Plaintiff's parents arriving, the Officers left the Plaintiff's residence. Id. Neither Officers Jones, nor Abraham were involved in the attempted arrest of Plaintiff.
Through counsel, Plaintiff learned that there was a warrant issued for her on a terroristic threats charge. Id. at ¶ 26. Plaintiff turned herself in on this charge on Monday, September 24, 2012, and she was not arrested on the Jones charges. Rather, she appeared at arraignment and was incarcerated until she posted bail. Doc. No. 57 at 18, 24, 33-42. The arresting officer was listed as Officer Jones.
Defendant Jones testified that she and Boyd appeared for the originally scheduled preliminary hearing and after agreeing to a no-contact order, the preliminary hearing was continued. On February 14, 2013, Plaintiff appeared for the preliminary hearing for the terroristic threats charge. Doc. No. 17, Amended Complaint at ¶ 28. No individuals from the district attorney's office or the Pittsburgh Police appeared to testify. Id. Magisterial District Judge Robert Ravenstahl, Jr. dismissed the charged and the case was terminated in Plaintiff's favor. Id. Defendant Jones testified under oath that she did not appear at the preliminary hearing when the charges were withdrawn because Plaintiff complied with the no contact order. Doc. No. 57 at ¶ 18.
D. City of Pittsburgh Police and Constables
There were no officers from the City of Pittsburgh present during either the arrest on July 4, 2012, or the attempted arrest on September 22, 2012, although Plaintiff contends that the Constables stated that they were Pittsburgh Police. Doc. No. 57 at ¶ 7. They were not, however, dressed with any Pittsburgh police uniform insignia. There is no evidence that the arresting Constables were contractual employees of the City of Pittsburgh, nor were they employees of the City. Instead, Constable Derrickson was elected by Castle Shannon Borough in November 2009, and Constable Walter was appointed a deputy constable in July of 2011. Doc. No. 57 at ¶ 9. Plaintiff has no evidence that the City ever paid Constables to serve warrants. Doc. No. 57 at ¶ 10. Plaintiff found out that Derrickson and Walter were Constables when she filed a complaint with the Citizens Review Board. Doc. No. 57 at ¶ 13.
E. Complaints filed by Plaintiff
Plaintiff filed a complaint with the Pittsburgh Citizen Police Review Board on January 22, 2013. Doc. No. 17 at ¶ 29. The complaint described the incidents of July 4, 2012 and September 21, 2012, as well as other incidents of harassment by the Pittsburgh Police. Plaintiff also complained about the Police's failure to investigate false charges Boyd had filed against Plaintiff. Id. The complaint identified Officers Abraham, Jones, Derrickson, Walter, and non-party Scheidelmier as the offending officers. Id.
Kenney filed a Complaint with the City's Office of Municipal Invesgations ("OMI"), and Detective Jeffries conducted an investigation (without interviewing Plaintiff). Doc. No. 57 at ¶¶ 44-46. On February 22, 2013, the City of Pittsburgh Office of Municipal Investigations (OMI) sent Plaintiff a letter regarding her complaints to the Police Bureau. Id. at ¶ 30. The letter stated that Constables Derrickson and Walter were not Pittsburgh Police Officers and that her complaint was unfounded. Doc. No. 57 at ¶ 44.
F. Unserved Defendants
Constable Derrickson has since resigned and has moved to Henderson, Nevada, and he was never served in this matter. Constable Walter (also referenced as Watter) has a registered address of 321 Murray's Lane, Pittsburgh, PA 15234, but cannot be found to reside there. He also was never served. Doc. No. 57 at ¶ 60. Defendant Boyd was likewise not served, and Plaintiff was afforded multiple opportunities to effectuate service and is apparently unable to do so. See Text Order of 11/21/2014.
G. Deposition of Plaintiff
Importantly, during her deposition, Plaintiff admitted that she has no information or evidence to support a claim that Defendant Jones inaccurately reported information from Boyd or reported information she knew to be false. Doc. No. 57 at ¶ 19. Plaintiff further admitted under oath that she has no information or evidence that either Defendant Jones or Abraham knew Boyd personally, and that she was not aware of any ill will by these Defendants toward her. Id. at ¶ 20. Moreover, Plaintiff admitted that she was unaware of any policy of the Pittsburgh Police that encouraged officers to "cover up and misuse the power to arrest." Id. at ¶ 21. Critically, Plaintiff was unable to recall a single incident besides her own, where the Pittsburgh Police arrested someone without probable cause. Id. at ¶ 22. Instead, Plaintiff contends that the Pittsburgh Police "utterly failed to conduct any investigation of the allegations Boyd made which led to two criminal complaints and corresponding arrest warrants being filed and issued against Plaintiff Kenney." Id. at ¶ 24. Plaintiff also takes issue with the use of Constables to execute warrants, claiming that they are inadequately trained. Plaintiff puts forth and cites other lawsuits many of which do not involve the City (including one involving her brother), and none of which parallel the matters at hand before this Court.
IV. Discussion
Plaintiff has advanced her federal claims pursuant to 42 U.S.C. § 1983 ("Section 1983"), which provides that:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress . . . . 42 U.S.C. § 1983.
"Section 1983 provides remedies for deprivations of rights established in the Constitution or federal laws. It does not, by its own terms, create substantive rights." Kaucher v. Cnty. of Bucks, 455 F.3d 418, 423 (3d Cir. 2006), citing Baker v. McCollan, 443 U.S. 137, 145 n.3 (1979) (footnote omitted). Thus, in order to set forth a claim for relief under Section 1983, Plaintiff must demonstrate that "the defendant, acting under color of state law, deprived him or her of a right secured by the Constitution or the laws of the United States." Id. at 423. Plaintiff alleges that Defendants, acting under color of state law, deprived her of her Constitutional rights under the Fourth, Ninth and Fourteenth Amendments.
A. False Arrest and Malicious Prosecution – Fourth Amendment[4] - Counts I, II and VI
Defendants argue that because probable cause existed for the arrests of Plaintiff by Defendants Abraham and Jones, Plaintiff's false arrest and malicious prosecution claims necessarily must falter. Plaintiff's Fourth Amendment Claims are premised on theories of false arrest and malicious prosecution. A claim for false arrest covers damages for the time of detention until the issuance of process or arraignment, and not more. Montgomery v. DeSimone, 159 F.3d 120, 126 (3d Cir. 1998). A malicious prosecution claim covers damages for confinement that is imposed pursuant to process up until the time of trial. Heck v. Humphrey, 512 U.S. 477, 484 (1994).
Defendants correctly emphasize that a common element to claims of false arrest and malicious prosecution is the absence of probable cause. Johnson v. Knorr, 477 F.3d 75, 81 (3d Cir. 2007); Basile v. Twp. Of Smith, 752 F.Supp.2d 643, 651, 658 (W.D. Pa. 2010). A finding that probable cause will exist where "the facts and circumstances which are within the knowledge of the officer at the time of the arrest, and of which he has reasonably trustworthy information, are sufficient to warrant a man of reasonable caution in the belief that the suspect has committed or is committing a crime." Swope v. City of Pittsburgh, Doc. No. 2:14-cv-939 Report and Recommendation adopted by Order (W.D. Pa Fed. 5, 2015) quoting Commonwealth v. Thompson, 985 A.2d 928, 931 (2009). A police officer may arrest an individual based upon a victim's complaint as long as there is no reason to believe that it is unreliable. Young v. City of Pittsburgh, et al, 11-cv-650, aff'd 13-2469 (3d Cir. Apr. 4, 2014); 562 Fed.Appx. 135, 140 (3d Cir. 2014).
"The absence of probable cause is an essential element of both false arrest and malicious prosecution claims, and such claims cannot proceed if probable cause existed – regardless of whether the arrests at issue were a wise or typical use of police resources." Young, 562 Fed.Appx. at 140. A finding of probable cause, "requires more than mere suspicion . . . [but] does not require that the officer have evidence sufficient to prove guilt beyond a reasonable doubt." Id. (citing Orsatti v. N.J. State Police, 71 F.3d 480, 482-83 (3d Cir. 1995)).
This Court, viewing the facts in the light most favorable to Plaintiff, finds that probable cause (more than mere suspicion but not proof of guilt beyond a reasonable doubt) existed as a matter of law because the facts could not reasonably support a contrary factual finding. Merkle v. Upper Dublin School Dist, 211 F.3d 782, 788-89 (3d Cir. 2000). Where, as here, an arrest is made pursuant to a warrant, the plaintiff challenging probable cause must demonstrate "by a preponderance of the evidence: (1) that the police officer knowingly and deliberately, or with a reckless disregard for the truth, made false statements or omissions that create a falsehood in applying for a warrant; and (2) that such statements or omissions are material, or necessary, to the finding of probable cause." Wilson v. Russo, 2121 F.3d 781, 786-87 (3d Cir. 2000).
In order to set forth a claim for false arrest, Plaintiff must show that: (1) she has been arrested or restrained, (2) without adequate legal justification (probable cause). Gilbert v. Feld, 788 F.Supp. 854, 862 (E.D. Pa. 1992). An action for false arrest requires that the process used for the arrest be void on its face or that the issuing tribunal be without jurisdiction. Perry v. Redner's Market, Inc., 2010 WL 2572651, *4 (E.D. Pa. June 21, 2010)(citations omitted).
In order to set forth a claim for malicious prosecution, Plaintiff must show that: (1) Defendant initiated a criminal proceeding; (2) the proceeding ended in Plaintiff's favor; (3) the proceeding was initiated without probable cause; (4) Defendant acted maliciously for a purpose other than bringing Plaintiff to justice; and (5) Plaintiff suffered a seizure as a consequence of a legal proceeding. Johnson v. Bignear, 441 Fed.Appx. 848, 851 (3d Cir. 2011).
Plaintiff has failed to present any evidence from which a fact finder could reasonably believe that Officers Jones and Abraham had no probable cause to effectuate an arrest of Plaintiff. Plaintiff has not set forth any evidence, other than her own statements, that the accusations of Boyd were false. This fact, even if true, does not come close to establishing that Officers Abraham and/or Jones knowingly, deliberately, or with a reckless disregard for the truth, made false statements, in applying for two separate warrants, on two separate occasions, based upon reasonably trustworthy information provided by Boyd on two separate occasions that was corroborated through the Officers own investigation. Likewise, Plaintiff has presented no facts from which a jury could reasonably find that any alleged statements or omissions were material or necessary to a finding of probable cause.
Plaintiff's primary accusation that she claims negates a finding of probable cause is the fact that Boyd had a criminal history, which the Officers failed to adequately research. However, taking Plaintiff's argument to its natural conclusion, means that any time a person with their own criminal history reports a crime, that there should be no finding of probable cause. Here, the facts establish that Defendant Abraham conducted a full investigation which included speaking with Boyd, observing the condition of the window at her home, corroborating Boyd's statement that there was a "shots fired" call on the prior evening, and having another officer create a photo array to identify Plaintiff, which Boyd unequivocally did. Defendant Jones also had probable cause as she also interviewed Boyd, with whom she had no prior personal relationship. Both warrants were approved by the District Attorney and the Magistrate Judge. That Officer Abraham did not go back to the Bar, a day later, to check for shell casings, does nothing to negate a finding of probable cause. Likewise, that the Officers did not attempt to interview Plaintiff does not negate a finding of probable cause. Regardless of whether the arrests were a "typical or wise use of police power, " Plaintiff does not come close to establishing a lack of probable cause, at the time of the arrest, which is a required element of Plaintiff's claims of false arrest and malicious prosecution. Young, 562 Fed.Appx. at 140. Therefore, summary judgment will be granted as to Counts I, II and VI.
B. Municipal Liability - Policy, Practice or Custom - Count III
In Monell v. New York City Dept. of Social Servs., 436 U.S. 658, 689 (1978), the United States Supreme Court held that although municipalities and other local governmental bodies are "persons" within the meaning of section 1983, a municipality may not be held vicariously liable under section 1983 solely because of the existence of an employer-employee relationship with a tortfeasor. Instead,
in Monell and subsequent cases, we have required a plaintiff seeking to impose liability on a municipality under § 1983 to identify a municipal "policy" or "custom" that caused the plaintiff's injury. . . . Locating a "policy" ensures that a municipality is held liable only for those deprivations resulting from the decisions of its duly constituted legislative body or of those officials whose acts may fairly be said to be those of the municipality. Monell, supra, at 694, 98 S.Ct., at 2027. Similarly, an act performed pursuant to a "custom" that has not been formally approved by an appropriate decisionmaker may fairly subject a municipality to liability on the theory that the relevant practice is so widespread as to have the force of law. 436 U.S., at 690-691, 98 S.Ct., at 2035-2036 (citing Adickes v. S.H. Kress & Co., 398 U.S. 144, 167-168, 90 S.Ct. 1598, 1613-1614, 26 L.Ed.2d 142 (1970)).
As our § 1983 municipal liability jurisprudence illustrates, however, it is not enough for a § 1983 plaintiff merely to identify conduct properly attributable to the municipality. The plaintiff must also demonstrate that, through its deliberate conduct, the municipality was the "moving force" behind the injury alleged. That is, a plaintiff must show that the municipal action was taken with the requisite degree of culpability and must demonstrate a direct causal link between the municipal action and the deprivation of federal rights. Board of County Comm'rs of Bryan County, Oklahoma v. Brown, 520 U.S. 397, 403-04 (1997).
In City of Canton v. Harris, 489 U.S. 378, 388 (1989), the Court resolved a dispute amongst the Courts of Appeal and held that "the inadequacy of police training may serve as the basis for § 1983 liability only where the failure to train amounts to deliberate indifference to the rights of persons with whom the police come into contact." (emphasis added). The Court found this rule most consistent with its admonition in Monell that a municipality can be liable under § 1983 only if its policies are the moving force behind the constitutional violation. "Only where a municipality's failure to train its employees in a relevant respect evidences a 'deliberate indifference' to the rights of its inhabitants can such a shortcoming be properly thought of as a city 'policy or custom' that is actionable under § 1983." City of Canton, 489 U.S. at 389.
The Court of Appeals for the Third Circuit explained in Beck v. City of Pittsburgh, 89 F.3d 966, 971-72 (3d Cir. 1996):
When a suit against a municipality is based on § 1983, the municipality can only be liable when the alleged constitutional transgression implements or executes a policy, regulation or decision officially adopted by the governing body or informally adopted by custom. Monell . . . Thus, although the municipality may not be held liable for a constitutional tort under § 1983 on the theory of vicarious liability, it can be held responsible as an entity when the injury inflicted is permitted under its adopted policy or custom. . . .
The Court's holding and reasoning in Monell have created a two-path track to municipal liability under § 1983, depending on whether the allegation is based on municipal policy or custom. . . . In Andrews [v. City of Philadelphia, 895 F.2d 1469 (3d Cir.1990)], this court articulated the distinctions between these two sources of liability:
A government policy or custom can be established in two ways. Policy is made when a "decisionmaker possess[ing] final authority to establish municipal policy with respect to the action" issues an official proclamation, policy, or edict. A course of conduct is considered to be a "custom" when, though not authorized by law, "such practices of state officials [are] so permanent and well-settled" as to virtually constitute law. 895 F.2d at 1480 (citations omitted); see also Bielevicz v. Dubinon, 915 F.2d 845, 850 (3d Cir.1990) (same). Custom, on which the plaintiff relies in this case, may also be established by evidence of knowledge and acquiescence. See Fletcher v. O'Donnell, 867 F.2d 791, 793 (3d Cir.1989), cert. denied, 492 U.S. 919, 109 S.Ct. 3244, 106 L.Ed.2d 591 (1989).
Moreover, a plaintiff must show not only an unlawful policy or custom of the municipality, he or she must also establish that such policy or custom was the proximate cause of the injuries sustained, by showing a plausible nexus or affirmative link between the alleged policy or custom and the injuries. Kneipp v. Tedder, 95 F.3d 1199, 1213 (3d Cir. 1996).
In support of Plaintiff's claim for municipal liability, she claims that the City (through its Officers and the OMI) failed to properly investigate her cases, and that the City failed to adequately control or train the Constables in executing warrants. Plaintiff has failed to show any policy, practice, or custom with regard to investigation of cases, nor has she shown that the City was aware of any alleged civil rights violations and that the City ignored them or was otherwise indifferent.
Plaintiff's belief that the City failed to train Constables and that they should be monitored when operating within the City is misplaced. Plaintiff has provided no authority to support her claim that the City has any legal authority to control the actions of law enforcement officers other than sworn members of the Pittsburgh Bureau of Police. As Defendants point out, and this Court agrees, numerous law enforcement agencies and officers act within the geographical limits of the City, including the State Police, FBI, DEA, and County Police. The City has no authority to control or supervise officers of these entities, particularly, where, as here, the task is the service of a warrant which is issued by the state court system. Furthermore, Plaintiff has not submitted any facts from which a fact finder could reasonably find that there is a need for such supervision of the Constables that has been overlooked in a deliberately indifferent manner. In other words, she has not established any pattern or practice of Constables violating rights of citizens within the City of Pittsburgh while serving warrants. To the extent that Plaintiff alleges that the City had knowledge of one prior lawsuit alleging impropriety in serving a warrant filed in 2005 against Constable Derrickson, while possibly supporting a finding of negligence, does not come close to supporting a claim of deliberate indifference. Board of County Comm'rs of Bryan County v. Brown, 520 U.S. 397, 407, 117 S.Ct. 1382, 137 L.Ed.2d 626 (1997)(A showing of "simple or even heightened negligence will not suffice."). Summary judgment will be granted with respect to Count III.
C. Conspiracy – Count IV
"In order to prevail on a section 1983 conspiracy claim, a plaintiff must establish (1) the existence of a conspiracy involving state action and (2) deprivation of civil rights in furtherance of the conspiracy by a party to the conspiracy." Gale v. Storti, 608 F.Supp.2d 629, 635 (E.D. Pa. 2009). Plaintiff must demonstrate facts from which a fact finder could reasonably believe that there was an agreement, understanding or "meeting of the minds" to violate Plaintiff's civil rights. Startzell v. City of Philadelphia, 533 F.3d 183, 205 (3d Cir. 2008). Plaintiff must establish "actual agreement" between Defendants. Watson v. Secretary of Pennsylvania Dept. of Corrections, 436 Fed.Appx. 131, 137 (3d Cir. 2011).
While not attempting to judge the credibility of the witnesses, the record reveals that an investigation was completed (by two separate Officers) which led to the filing of charges by the district attorney, and a magistrate determined whether a warrant was to be issued. Plaintiff has failed to produce any evidence of a conspiracy. Plaintiff has admitted that neither Officer Abraham nor Jones knew Boyd prior to Plaintiff's arrests. Plaintiff has failed to set forth a scintilla of evidence that Defendants acted with any ill will towards Plaintiff, or that there was any meeting of the minds to violate her rights. Accordingly, summary judgment will be granted as to Count IV.[5]
D. Qualified Immunity
The next question is whether Defendants are entitled to qualified immunity. In analyzing qualified immunity claims for a police officer's violation of a constitutional right, the Court must apply a two-step inquiry. Scott v. Harris, 550 U.S. 372, 127 S.Ct. 1769, 1774, 167 L.Ed.2d 686 (2007); see also Saucier v. Katz, 533 U.S. 194, 200-01, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001) receded by Pearson v. Callahan, 555 U.S. 223 (2009).
In Scott, the United States Supreme Court set forth the first question: "Taken in the light most favorable to the party asserting the injury, do the facts alleged show the officer's conduct violated a constitutional right? This must be the initial inquiry.'" Scott, 127 S.Ct. at 1774 (quoting Saucier, 533 U.S. at 201). "If, and only if, the court finds a violation of a constitutional right, 'the next, sequential step is to ask whether the right was clearly established . . . in light of the specific context of the case.'" Id. After conducting the above analysis, this Court finds that Defendant Officers are entitled to qualified immunity for their alleged actions because Plaintiff has failed to set forth any facts showing that the Officers violated her rights. There is no evidence or case law establishing that an officer must perform a background check on a victim because prior criminal activity by a victim negates a finding of probable cause, or that a failure to speak with the suspect prior to an arrest, constitutes a violation of a constitutional right. Again, there exists probable cause for the arrests of Plaintiff. Officers Abraham and Jones are entitled to qualified immunity for their actions.
E. State Law Claims – Counts V and VII
Having dismissed all federal claims, the Court sees no extraordinary reason that would compel the Court to exercise its discretion to adjudicate this matter when only state law claims remain, against unserved Defendants. Greenwood Partners, L.P. v. Cimnet, Inc. 2003 WL 22238981 (E.D. Pa. 2003). Judicial economy will not be undermined by this Court's refusal to exercise jurisdiction over the state law claims, and this case may be transferred pursuant to 42 Pa.C.S.A. § 5103(b), to a Pennsylvania court and the case will proceed from there. Further, comity considerations weigh in favor of transfer, as this case involves issues that are traditionally resolved by the state. Additionally, consideration of issues of convenience or fairness does not provide a reason for this Court to exercise supplemental jurisdiction. See Carnegie-Mellon University v. Cohill, 484 U.S. 343, 351 (1988); Cindrich v. Fisher, 2006 WL 898176 *2-3 (M.D. Pa. 2006)(aff'd 341 Fed.Appx. 780 (3d Cir. 2009))(federal claims were dismissed at summary judgment phase and the district court properly declined to exercise jurisdiction over remaining state law claims).
V. Conclusion
For the reasons set forth hereinabove, this Court finds that summary judgment is appropriate on Counts I, II, III, IV and VI, and will GRANT Defendants' motion for summary judgment in its entirety (doc. no. 43). The Court declines to exercise jurisdiction over the remaining state law claims (Counts V and VII), which may be transferred to state court. An appropriate Order follows.
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text:
Hey dragontail..is a sharp pain at the pelvis area but only for a few hours...now i'm okay ... =) me should be ovlating soon...hope to have good news!! Gam bate ladies... =)
This is a discussion on We are trying to concieve-ing! within the Trying To Conceive forum, part of the You and Your Family category; Fangning, my very scan showed I have fibroids. But my fertility specialist mentioned they shouldn't be any issue. So I ...
Fangning, my very scan showed I have fibroids. But my fertility specialist mentioned they shouldn't be any issue. So I leave them there.
Update what your gynae says ya.
Hey dragontail..is a sharp pain at the pelvis area but only for a few hours...now i'm okay ... =) me should be ovlating soon...hope to have good news!! Gam bate ladies... =)
Ya, it could be o-sign, yukki! Good luck. Must cover bd ground
Dragontail..yeap hope it's ovulation for me...me just bd ytd night..mayb try again tml...my bbt today is 36.28 degrees... =)
you too..let's jia you together... *baby dust to all of the pretty ladies here*
Dr say no cyst no fibroid just lining weak cannot hold. She ask me so hsg than see nex5 month what is needed. She say maybe my prog... hormone not enought I think. Too much medical till I lost ha ha. Yukiki and dragon jia you!
Yukki, is 36.28 your typical pre o temp? Do you use opk?
Fangning, I think that's good news... so now you can focus on building up your lining and maybe medical pills to boost progesterone.
Dragontail...normally my pre-o temp is around 36.15 to 36.30..but again my cycle of temps went haywire after i discover e cyst presence.. before that my pre-o is always around day 14 or 15...
I yet to start using opk...i did used once before but can't really detect my ovulation time lei...
Hey gals...just an update on my status...currently i'm on day 14 of my cycle...shld be ovulating ...coz bbt rose to 36.62 from ytd bbt of 36.40...heard said from my traditional chinese medicine doc that need at least higher increase then gt chance of pregnancy...so this month guess abit hard again...
Hello!! I am very new here. Just got married last month and now TTCing!
Hi yukki. Looks like you might have ovulated already.
No no...I cannot agree that having much higher temp right after ovulation means higher chance of being preggie. A bfp consists of a successful implantation too. It's just too early to tell now. Dont read too much into individual temps.
I've restarted my traditional chinese medicine after a break of 6months. Went to see her yesterday with my man. She has given us dates to bd too.
Mxlo, congrats to being newly wed
Good luck to your trying to concieve journey.
Hi dragontail...i do know temps cannot be used to gauge..but somehow or rather i will mind abit when e temp is not high enuff...but i will continue to stay positive!! thanks for your advice.. =)
Dragontail...gam bate on the traditional chinese medicine portion...though chinese med does taste awful...let's jia you together!
Yukki I can understand what you mean because I used to be like scrutinising every little rise and fall in my bbt last time. But after so many months of bbt-ting, I see all sorts of patterns and I conclude no need to read too much into them
I actually love traditional chinese medicine medicine! Haa I know I am weird. The bitter the better.
So you are now on 2ww. Remember to drink more warm water. Avoid caffeine (coffee/tea) if you can. I used to be dont't care...until my last visit to traditional chinese medicine last sunday and she told me better to skip tea (I dont drink coffee).
Dragontail...thanks for sharing your experience with me..yes now i shld be in 2ww..hope everything goes on well...now i never drank tea ...but sometimes i do drink coffee when i very sleepy...kekeke...but as my traditional chinese medicine doc did advise say it's a good sign if bbt can remain high for 18days...mine past months of bbt at most 14days only...
Oh..actually i find traditional chinese medicine med very bitter...esp if the powder did not dissolve properly... =p but i guess 苦口良药... jia you for your trying to concieve tis month too...
Hello mxlo!
Btw dragon tail - no tea means no English and Chinese tea, including green tea and chrysanthemum tea etc.
Yes madam! I went to buy milo just now. I need warm drinks every morning.
Yeah... no tea for dragontail.... only milo....
Jia you.... you can make it ...
Hello!! Thanks for the welcome! BTW i have a few qns to ask, what is bfp & bd?
I am currently using the ovulation kit and taking blackmores conceive well supplements. Was on honeymoon during mid oct and used the ovulation kit....i doubt +ve becos I feel like my menses is coming...
I will be charting my temp too but i dont know when to start. Any idea? Should i start beginning of my menses?
Thanks missy10.
Mxlo (are you a cousin of Milo?), BFP = big fat positive (means preggie) and BD = baby/body dance (means sex sex sex).
I am on Blackmore CW too, and O-kit (sometimes clearblue digital, sometimes cheapies depend on what I have on hand), and BBT.
Get a BBT thermometer. Many pharmacies carry. I'm using the one from Guardian. You should start first day of your mense. And you'll need to chart at the same time every morning when you just open your eyes from your sleep (+/- 30mins apart).
Hello Dragontail!!
No i am not cousin...i am the sister of Milo...LOL!! Kidding !
I got a basal thermometer from someone here. Delivery tomorrow. My frends passed me the guardian and clearblue digital ovulation kit BUT ....hmmm during honeymoon i brought the guardian ones to try...but the lines seems faint...is it like that or i am not ovulating?
Charting body temp every morning!! hai yo means weekend i got to put alarm to wake up !
Oh I finally found you Milo sista!
Hmmm maybe you have short LH Surge so couldn't catch? Did you try opking twice a day? When I use non digital, I pee twice a day. So far, can catch
If you think you aint gonna o soon during that weekend, can play cheat by skipping two days on your bbt That's what I do. Wont have much impact on the chart.
what is opk? and how does it work?? Sorry alot of qns!
Opk = ovulation prediction kit. Same same as the ones your friend passed to you.
Either you may have short LH which is hard to catch on your opk or maybe you dont't ovulate regularly. You can tell the latter by doing the bbt. My charting have been showing that I O every month. So now my sinseh trying to boost my estrogen and progesterone.


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It was revealed earlier today that Pam St Clement would be leaving Eastenders and already, tributes from her colleagues have started pouring in.
The former prostitute will leave the BBC soap later this year and bosses have promised fans that her exit will be a "fitting finale not to be missed". They also assured viewers that Pat Evans will not be killed off and may reappear on the odd occasion down the line.
Barbara Windsor – who played Pat's on screen best friend and often worst enemy Peggy Mitchell – was the first to praise the actress, releasing a statement saying:
"Pam St Clement created a truly iconic character in Pat. I was privileged enough to be a part of her journey, as Peggy and Pat fought, laughed and cried together.
"Pam will be greatly missed by the company and the viewers. I personally adore Pam and I can't wait to start having all those lunches we promised each other."
Steve McFadden – who plays Albert Square hard man Phil Mitchell – also paid tribute to his friend saying:
"I always loved the on-screen relationship between Pam St Clement and Mike Reid especially when they worked in the Queen Vic. This was one of the golden eras and I learnt a lot from them."
"Pam is full of integrity and I have always admired her. She is never one to shy away from speaking her mind about the programme as she has so much love for the show. She is a lovely woman and I will truly miss her – as I am sure all the viewers will."
Patsy Palmer added that she feels 'privileged' to have worked with Pam – who plays her on screen grandmother – saying:
"Pam St Clement is the most professional person I have ever worked with. She is an amazing actress who never fails to make me cry when we do scenes together.
"She will be missed by everyone at EastEnders but I feel really privileged that I have had this wonderful lady playing my nan for many years."
Co-star Charlie Brooks (Janine Malloy) added: "I'm devastated. Pam is one of my favourite people to work with and is also a close friend – I will miss her dearly."'
Sid Owen (Ricky Butcher) continued: "I'm very sad to see Pam go, we've had a really close working relationship over the years. She's such an icon and I will miss her a great deal."
Will you be sad to see Pam go? Will you miss her big earrings and wise ways? Leave your comments below.


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Hedi Slimane knows what it takes to be cool. His Autumn/Winter 2014 collection for Saint Laurent was another shining example of exactly that.
Who was the Saint Laurent girl inspired by this season? It was revealed as 16-year-old model Grace Hartzel (who opened and closed the show) via a tweet on Monday night...
As for what this "exclusive girl" was wearing, sequin mini dresses with black coats and knee-high boots were the staple looks.
GRACE HARTZEL IS SAINT LAURENT'S EXCLUSIVE GIRL pic.twitter.com/rYcsPpMtfF
- Yves Saint Laurent (@YSL) March 3, 2014
Fur jackets in statement-making patterns are sure to go down well with Saint Laurent's biggest fan club next season - good job Kate Moss was on the front row to pick out her favourite.
See more from the show below:
More:Catwalk Fashion Week
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The End of "Parenthood" Leaves Me Bereft
2 Responses to 'The End of "Parenthood" Leaves Me Bereft'
totally agree !!! love that show i feel like i am losing a family why do they end all of the good shows? ps i am loving you on the view again i stopped watching until you came back. you go girl. wishing you would invite David Cook on he is awesome and continues to raise awareness for brain cancer he has such a powerful story.
I can't believe Parenthood will be ending in a couple of weeks. It's my favorite show on television. It shows the importance of family. So very sad!


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Deputy fire chief retiring after nearly 40 years with division
After almost 40 years working with Henrico County Fire and 10 years serving as the operations chief, Henrico Deputy Fire Chief Richard McClure is preparing to retire officially from the department.
On July 1, McClure will formally end his extensive career with the department.
McClure began his involvement with Henrico County Fire in 1973. Since then, he has worked his way up the ranks from a volunteer to become the second person in command of the entire department.
"My dad worked [in firefighting]," McClure said. "That's basically all I knew from the time I was a little kid - being associated with the fire department. From the time I was 15, I signed up to be a volunteer here."
McClure recalled several memorable moments during the course of his lengthy career, which included helping to extinguish the large fire at VCU a few years ago that eventually spread to a surrounding neighborhood.
Over time, McClure witnessed Henrico Fire's increasing involvement with the emergency medical services field and noted that he positively contributed to this change.
"I was lucky enough to be the assistant operations chief during our big growth in the EMS field over the last several years," he said. "I was able there for a while to be very successful in adding a number of ambulances to our fleet."
Aside from his high-ranking position with Henrico Fire, McClure is also the current president of the Old Dominion EMS Alliance and Metro Richmond EMS and serves on the Stadium Advisory board. Despite his retirement, McClure said that he will continue to remain as an active member of those organizations.
On the day of his retirement, McClure will become the owner of Calhoun's Country Store.
"I will change the name to the Hunton General Store, and I'm going to greatly enhance the offerings of the little store and hopefully turn it into a community place where people come and hang out and solve the world's problems," he said.
McClure said that the most fulfilling aspect of working with the department is that it gave him the opportunity to reach out and serve the community during times of distress.
"We tend to only become involved when they're at their worst moments. Being able to interact and make a difference in the people's life is pretty rewarding," he said.
McClure has encouraged others who work with Henrico Fire to uphold the division's strong reputation by continuing to provide outstanding customer service to the members of the community.
"We have gone great lengths to preach excellent customer service. Having been an operations chief for 10 years, you get a lot of compliments and very few complaints," he said.
project:HOMES' 'Renew Crew' helps Henrico citizen
Citizen Staff Reports 12/01/2016
The project:HOMES "Renew Crew" (above) recently assisted an elderly member of the Laurel Presbyterian Church in Henrico by clearing brush, trimming hedges and raking leaves in her yard.
The Renew Crew serves low-income, disabled and elderly homeowners in need of small-scale home repairs such as porch, railing and step repairs, exterior painting, clearing overgrown yards, tearing down outbuildings, wheelchair ramps and other critical repairs and accessibility modifications. > Read more.
Alzheimer's Walk raises $436,000
More than 2,000 people participated in the the Alzheimer's Association Greater Richmond Chapter's annual Richmond Walk to End Alzheimer's Nov. 5 at Markel Plaza in Innsbrook. The event raised more than $436,000 for Alzheimer's care, support programs and research.
The event is one of three walks that benefit the Alzheimer's Association of Greater Richmond and is held in celebration of National Alzheimer's Disease Awareness Month and National Family Caregivers Month.
Donations to the Walk to End Alzheimer's will be accepted through the end of the year and can be made at http://www.alz.org/walk. In total, the three walks this year have raised more than $644,344. > Read more.
Weekend Top 10
The past couple of days haven't felt like it, but it's finally December and this weekend is packed with holiday events. Kicking the weekend off is Glorious Christmas Nights' production of "Finding Christmas" at West End Assembly of God. Gayton Baptist Church's annual Jazz Nativity starts tonight. Another annual favorite is tomorrow – the tree lighting at The Cultural Arts Center at Glen Allen. In search of Christmas concerts? The Virginians Barbershop Chorus will present its annual Christmas Show tomorrow at the Collegiate School and the Richmond Choral Society will perform Sunday at Trinity Lutheran Church. For all our top picks this weekend, click here! > Read more.
Two Henrico women honored by Virginia Jaycees
Henrico to receive third round of pre-K funding
Business in brief
Virginia woman caught with loaded gun at Richmond International Airport checkpoint
Hope by the pound
- More News
Print Edition
Dec. 1, 2016Click here to read the print edition.
Weekend Top 10
Restaurant Watch
Weekend Top 10
Cultural Arts Center announces winter/spring class schedule
Weekend Top 10
- More Entertainment
Obituary – Barbara Veno Scheil
Obituary – Alice Faye Morgan
Obituary – Wanda G. Edmunds
- More Obituaries
project:HOMES' 'Renew Crew' helps Henrico citizen
Alzheimer's Walk raises $436,000
'Father Christmas' to provide 15 local dads $100 gift cards for holidays
- More Community
Thanksgiving, Part II
Storm woes for e-junkies
'Good old days' were good – for some
- More Opinions
RIR to admit children 12 and younger free next year
Henrico teams win district, state championships
Varina HS to host Basketball Skill Development Academy June 20-23
- More Sports
Place an Ad | More Classifieds
CalendarCaley Cantrell, author of "Dogs Do NOT Love Holiday Cards" and "You're Bringing Me a Baby?!" will sell copies of her books at an adoption event hosted by AARF (Animal Adoption and Rescue Foundation) from 12 p.m. to 3 p.m. at the Petsmart at Libbie Place Shopping Center. All proceeds from book sales will go to AARF. Cantrell is a professor and head of the Communications Strategy Track at the VCU Brandcenter. She and her husband Sean live in Richmond, where they are raising their daughter with help and guidance from the dogs they adopt from local shelters. Full text


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United States District Court, E.D. Pennsylvania
October 7, 2014
VICTORIA GEIST, Mother and Natural Guardian of Keshana Wilson, A Minor, Plaintiff,v.JASON AMMARY, ET AL., Defendants.
LAWRENCE F. STENGEL, District Judge.
AND NOW, this 6th day of October 2014, upon consideration of defendants' motion for reconsideration of the Court's September 9, 2014 Order granting plaintiff's motion to quash subpoena (Doc. No. 81) and plaintiff's response thereto (Doc. No. 82), and in accordance with the accompanying memorandum, it is hereby ORDERED that:
1) The defendants may serve a subpoena ad testificandum on Ms. Carissa Thomas within thirty (30) days of the date of this Order.
2) The defendants may depose Ms. Carissa Thomas within sixty (60) days of the date of this Order.
3) Within five (5) days of the date of this Order the plaintiff shall provide the defendants with any contact information for Ms. Carissa Thomas the plaintiff may have.
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Having unnecessary fat in various locations of your body can have a significant influence on your health and self-esteem. While conventional weight-loss through workout and diet is a fantastic method to slim down overall, even the best exercises cannot target issue areas like the stomach, inner thighs, arms, and buttocks. Liposuction is a time checked treatment that is used to get rid of excess fat from specific locations of the body, enabling an individual to shape and contour their body to their taste. Is liposuction right for you? Discover now.
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Congratulations to expedition leader Tim Jarvis for being named Classic Boat Magazine Person of the Year 2014 for leading the Shackleton Epic!
Tim Jarvis thanks the expedition team: Skipper Nick Bubb, Navigator Paul Larsen, Expedition Bosun Petty Officer Seb Coulthard RN, Mountain Leader WO2 Barry Gray Royal Marines RSM, and Climber/Expedition cameraman Ed Wardle – "a better team you'd be hard pressed to find" says Tim.
Tim also thanks the Alexandra Shackleton boat-builders Nat Wilson and his team at the International Boatbuilding Training College who deserve great credit; as well as The Hon Alexandra Shackleton (our expedition patron and granddaughter of Sir Ernest) both for having asked him to lead the expedition and for receiving the award on his behalf in London on 11th March. Thanks go out to everyone in the Shackleton Epic community, and family, friends and supporters.
ABOUT TIM: Tim Jarvis AM has previously completed a re-enactment of Sir Douglas Mawson's 1912 trek across Antarctica in an attempt to answer some of the questions and controversies surrounding Mawson's tragic expedition. The best-selling book and award-winning documentary of the same name, Mawson: Life and Death in Antarctica (When Hell Freezes Over on UK Channel 4), is Jarvis' account of the re-enactment and his struggles to overcome extreme isolation, physical deprivation and his own self-doubt. Jarvis is also the author of another best-selling book, The Unforgiving Minute, about his first three polar expeditions. With Masters in both Environmental Science and Environmental Law, Tim was conferred a Member of the Order of Australia (AM) for services to environment, community and exploration in the 2010 Australian honours list and was made a Fellow of the Yale World Fellows Program, 2009 based on his international leadership in the field of environmental sustainability. Jarvis holds the record for the fastest unsupported journey to the South Pole and the longest unsupported journey in Antarctica in 1999. Tim was awarded the Australian Geographic Society's Adventurer of the Year Award for 2013, and is is Patron of Nature Play SA – an organisation established to increase the time children spend in unstructured play outdoors and in nature to improve their fitness, problem solving ability, emotional resilience and mental wellbeing. @TimJarvisAM


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MOPAR Aluminum Tubular Side Step Kit, Satin Black - Pair
- Product Details
- Reviews
- PDF Instruction Guide
Product Name:
MOPAR Aluminum Tubular Side Step Kit, Satin Black - Pair
Important Notes:
- Tubular Side Steps will NOT work with Rock Rails
- May not be compatible with front splash guards
- Sold in Pairs
- 2007-2017 Jeep Wrangler JK (2-Door Only)
Tubular Side Steps are constructed of lightweight anodized aluminum. Tubular Side Steps are mandrel bent to ensure the steps maintain a consistent diameter. Tubular Side Steps include molded end caps to accent your vehicles styling. Tubular Side Steps provide wide skid-resistant stepping surfaces for easy vehicle entry and exit.
Product Details:
- Tubular side steps
- Black satin aluminum
- Factory warranty
Parts Included:
- (1) MOPAR Aluminum Tubular Side Step Kit, Satin Black - Pair
Years Covered:
2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 and 2017
Alternate Part Numbers: 82210561AB, 82210561AD, 82210561AE, 82210561AF
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Top News
Jail time for Maine egg distributors should prompt caution, diligence from other food execs, attorney says
Food company executives should be on notice that a new federal emphasis on cracking down on food safety violations could land them in jail, should their company be found liable for food-borne disease outbreaks, after a federal appeals court upheld jail sentences for two corporate officers found responsible for failing to prevent the distribution of eggs contaminated with salmonella that affected 56,000 people.
Challenge to Chicago affordable housing ordinance not affected by SCOTUS decision to not hear similar California case
FTC issues guidelines on 'native advertising,' but still may not help businesses much
Appeals panel: Debt collector needed to bring malpractice claim vs lawyer who aided former business partners at first suspicion of harm
A state appeals panel has found a businessman involved in a dispute with business partners over the fate of an Evanston debt collection company didn't move fast enough to bring a legal malpractice claim against Chicago law firm Katten Muchin Rosenman for allegedly helping those partners freeze him out of the company's management and then working to torpedo the venture by forming a new company specifically to compete against the first venture.
Shareholder says Vasco management should pay for shares crash following news of product sales to Iran
The directors and executive of an Oakbrook Terrace-based provider of digital financial security products has been hit with a lawsuit brought by a shareholder who has claimed the company's management should be made to pay for allegedly concealing from investors – or at least not properly moving to address – the possibility an international distributor sold the company's products to buyers in Iran while economic sanctions forbidding such sales were in place.
Appeals court upholds dismissal of $14 million legal malpractice case vs Katten Muchin by heir of Harold Price
An appellate court has upheld a lower court's ruling against the granddaughter of business luminary Harold C. Price, rejecting the woman's suit against her attorney and the Katten Muchin Rosenman law firm for legal malpractice based on claims his legal advice caused her to lose $14 million of an $18 million inheritance.


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I hope everything goes well for you brimm.
Whether your future baby will be here in 9 months or 9 years, this experience goes to show that you will be a strong, protective, and loving mother, and you should be proud of yourself.
*** "Daddy, toast, hat" ***
HollyGolightly81 (03-06-2014),mrswhitehouse (03-06-2014)
Yea you definitely need an internal early on. They tried an external at first and saw nothing. Internal I got to see baby
Got my results back today and they have risen but not to the extent you would expect after close to 3 weeks since the last HCG test. I will be taking another next week to see if it is continuing to rise or simply has just stopped.
Doctor believes most likely it has stopped and I'll miscarriage within the next few weeks. But you never know.
Do you know what your results were?
My first HCG for DD2 was 15... I was told it doesn't look good. But I just seemed to have really low levels throughout the entire first trimester.
I'm so sorry you're going through all of this Brimm I have been reading along but not knowing what to say. So just wanted to offer hugs and I really hope everything works out for you x
Pregnant for the first-time?
Not sure where to start? We can help!
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May 24, 2010
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,v.L.A., DEFENDANT-APPELLANT.
On appeal from the Superior Court of New Jersey, Law Division, Middlesex County, Indictment No. 01-10-1105.
Submitted February 3, 2010
Before Judges Messano and LeWinn
Defendant appeals from the November 29, 2007 order of the trial court denying his petition for post-conviction relief (PCR). We reverse and remand for an evidentiary hearing.
Tried to a jury in 2003, defendant was convicted of first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a); second-degree endangering the welfare of a child, N.J.S.A. 2C:24-4; and third-degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3(a). He was sentenced to an aggregate term of fifteen years imprisonment.
The victim of these charges was defendant's biological daughter, L.N., who was fifteen years old at the time. L.N. testified that defendant engaged in sexual activity with her on three occasions, in November and December 2000 and February 2001. The November offense allegedly took place in the residence defendant shares with his wife, who is not L.N.'s biological mother.
Defendant appealed his convictions and sentence, and we affirmed. State v. L.A., No. A-5071-03 (App. Div. March 17, 2006). Among the issues raised in that appeal was defendant's claim that the trial judge erred in refusing to permit defendant's wife to testify in rebuttal to the testimony of L.N.'s mother that the child's behavior changed in April 2001, and when she confronted L.N. about this change in behavior, the child told her mother about defendant's sexual assaults. Id. at 4-6.
Defendant proffered that his wife would testify that "based upon the behavior she had observed, L.N.'s conduct had not drastically changed after the dates the alleged sexual assaults began." Id. at 4. Because counsel had "brought this witness to the court's attention after the jury had been selected and sworn[,]" ibid., however, we found no abuse of discretion in the judge's exclusion of her testimony. Id. at 5.
Defendant filed his PCR petition on August 22, 2006. Counsel was assigned and filed an amended petition with supporting certifications on March 16, 2007.
Plaintiff certified that his wife was at home in November 2000, when L.N. claimed that he sexually assaulted her at the residence. Defendant asserted that his wife "could have corroborated [his] description of the house as very small, so it would have been impossible for [him] to have sex with [L.N.]... without anyone noticing."
Defendant also submitted a certification from his wife, stating that she recalled "that day in November, 2000 because... [defendant] had picked up [L.N.] and taken her shopping for a coat." Defendant's wife was home when he and L.N. returned from shopping, and she certified that L.N. never went into her son's bedroom, which is where the child had asserted the sexual assault took place on that occasion. In fact, defendant's wife stated, her son was in his bedroom at the time and he "did not really like to have [L.N.] go into his bedroom" and had told L.N. "not to go into his bedroom or sit on his bed."
Defendant's wife further certified that when she spoke to defendant's trial attorney, she told him this information, but that counsel never told the court "the most important reason for [her] being a witness," namely that she was home on that day in November 2000 when L.N. claimed defendant sexually assaulted her in their son's bedroom.
Defendant claimed ineffective assistance of trial counsel for failing to take appropriate steps to list his wife as a trial witness and to present this pertinent testimony. He also claimed ineffective assistance in counsel's failure to investigate and prepare for trial, and because of counsel's "erratic behavior."
On August 17, 2007, the PCR judge heard oral argument and thereafter rendered a decision from the bench on November 29, 2007. The judge found that if defendant's wife had "testified at his trial[,] it would have been helpful to put the victim's credibility in issue that maybe it didn't happen, so why would it happen if there is this lady... in the house." The judge, however, concluded: "Sure, it might have been error not to call [defendant's wife] but that is just one of three incidents... that the defendant allegedly was involved with the victim and that would have been enough to convict him also."
In considering whether there was "a reasonable probability that but for that unprofessional error the result of the proceedings would have been different[,]" the judge focused not on counsel's failure to call defendant's wife as a witness, but on defendant's other two allegations of ineffective assistance of counsel. The judge concluded that defendant had received "reasonable professional assistance[]" and denied the petition.
On appeal, defendant raises the following contention for our consideration:
We concur that a remand is necessary to afford defendant the opportunity for an evidentiary hearing at which his wife will be able to testify, and the PCR judge will be able to assess her credibility, in order to make an informed decision as to whether trial counsel's failure to prepare and call her as a witness did in fact constitute ineffective assistance of counsel.
A defendant's claim of ineffective assistance of counsel is considered under the standards established in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed. 2d 674 (1984), and adopted by our Supreme Court in interpreting our State Constitution. State v. Fritz, 105 N.J. 42, 58 (1987). In order to prevail on such a claim, a defendant first must show that his attorney's performance was deficient. Id. at 52 (citing Strickland, supra, 466 U.S. at 687, 104 S.Ct. at 2064, 80 L.Ed. 2d at 693). Second, the defendant must show that counsel's deficient performance prejudiced his defense. Ibid.
Trial courts "should grant evidentiary hearings to resolve ineffective-assistance-of-counsel claims if a defendant has presented a prima facie claim in support of post-conviction relief." State v. Preciose, 129 N.J. 451, 462 (1992). Courts "should view the facts in the light most favorable to a defendant...." Id. at 462-63. See also R. 3:22-10(a).
We have recognized that, "in order to establish a prima facie claim, [a defendant] must do more than make bald assertions that he was denied the ineffective assistance of counsel." State v. Cummings, 321 N.J. Super. 154, 157 (App. Div.), certif. denied, 162 N.J. 199 (1999). However, "[o]nce a defendant has established a prima facie showing of ineffective assistance of counsel, he is entitled to an evidentiary hearing to determine whether 'the result of the proceeding would have been different....'" State v. Rountree, 388 N.J. Super. 190, 206 (App. Div. 2006) (quoting State v. Russo, 333 N.J. Super. 119, 140 (App. Div. 2000)), certif. denied, 192 N.J. 66 (2007).
Here, the PCR judge found that defendant had satisfied the first prong of the Strickland test, namely that counsel was "deficient" in failing to call defendant's wife as a witness because her testimony "would have been helpful to put the victim's credibility in issue...." Notwithstanding this finding, the judge concluded that counsel's deficient performance did not prejudice defendant. However, as noted, in addressing this second prong, the PCR judge focused on allegations other than counsel's failure to call defendant's wife as a witness.
Defendant contends that the "omission of [his wife's] prospective testimony clearly satisfied" the second prong of the Strickland test, in that his wife was "prepared to exculpate defendant as to the alleged sexual assault in their [residence] and, concomitantly, diminish, if not extinguish, L.N.'s credibility regarding all three incidents."
We are satisfied that the PCR judge erred in failing to find that defendant had satisfied the second prong of the test for establishing a prima facie claim of ineffective assistance of counsel. This error, in turn, led to the improper denial of an evidentiary hearing. Therefore, "we remand to the trial court for an evidentiary hearing and a determination of the merits of defendant's claim." Preciose, supra, 129 N.J. at 464.
Reversed and remanded. We do not retain jurisdiction.
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Rejuvenating Britain's high streets and criminal compensation delays
We hear from the first pilot project to test out some of Mary Portas' ideas for rejuvenating Britain's High Streets.
How are mail order businesses in the Channel Islands faring after a change to tax rules means costs have risen by 20%?
A victim of assault who was awarded £900 in compensation 4 years ago, has only ever received £30. Why has it taken so long to pay so little?
Scores of small businesses have contacted You and Yours to say they are being over charged for services such as rubbish collection and washroom services. Many claim they signed contracts which were then changed with increased charges added.
A decision by a French lingerie company to move production from France to Tunisia has become one of the big talking points of the French Presidential election. Many French people feel they've neglected their manufacturing industry, so what demand is there for home made goods?