MITCHELL S. GOLDBERG, District Judge.
Plaintiff alleges that, while being held as a pre-trial detainee at the Philadelphia Industrial Correctional Center ("PICC"), he was assaulted by Correctional Officer Frederick Robinson on April 14, 2015. According to the allegations contained in the Second Amended Complaint, Robinson instigated a "verbal dispute" with Plaintiff and then sprayed pepper spray in Plaintiff's face, beat Plaintiff on the back of his head with a walkie-talkie and punched Plaintiff in his "face, and body area." (2d Am. Compl. ¶ 12.) Plaintiff filed this Section 1983 action against the City of Philadelphia and Robinson for violations of his Fourth and Fourteenth Amendment rights as well as state law claims for assault and battery, false arrest, malicious prosecution and intentional infliction of emotional distress.
Presently before me is a motion for summary judgment in which the City of Philadelphia urges that Plaintiff has adduced no evidence that a custom, policy or practice of the City was the moving force behind Plaintiff's alleged constitutional injuries.
In opposition to the City of Philadelphia's motion for summary judgment, Plaintiff offers the following:
Plaintiff asserts that "Defendant Robinson has also been implicated in another unprovoked attack on an inmate. Robinson also used pepper spray on Orlando Kelly, another pretrial detainee and then failed to get Kelly treatment." (Pl.'s Resp. p. 2.) Plaintiff, however, offers no evidence regarding this alleged attack. As such, the Court must disregard Plaintiff's unsupported assertion.
Plaintiff also attaches what appears to be a grievance or an affidavit from another individual who alleges that correctional officers, without provocation, beat him while he was detained at PICC on October 5, 2015. (Pl.'s Resp., Ex. A.)
Citing a newspaper article from Philly.com, Plaintiff notes that "recently three PICC guards were charged with aggravated assault, conspiracy, simple assault and other offenses." (
A party moving for summary judgment bears the initial burden of demonstrating that there are no genuine issues of material fact and that judgment is appropriate as a matter of law. Fed. R. Civ. P. 56(a);
On a motion for summary judgment, the court considers the evidence in the light most favorable to the non-moving party.
A municipality may be held liable for its employee's violation of a citizen's constitutional rights under section 1983, although not on a
If the policy at issue "concerns a failure to train or supervise municipal employees, liability under section 1983 requires a showing that the failure amounts to deliberate indifference to the rights of persons with whom those employees will come into contact."
Plaintiff argues that "the City of Philadelphia has a policy, practice or custom whereby PICC employees assault inmates in violation of their rights." (Pls.' Resp. p. 3.) Even viewed in the light most favorable to Plaintiff, the evidence proffered by Plaintiff — a grievance and newspaper article concerning two other assaults by correctional officers at PICC — falls woefully short of establishing the policy that Plaintiff ascribes to the City or demonstrating that the alleged policy caused the constitutional violations Plaintiff claims. This evidence does not demonstrate that a pattern of correctional officer assault at PICC is so well established that it constitutes a custom for municipal liability purposes nor does this evidence speak to the policy to which the City allegedly adhered. In sum, Plaintiff has failed to point to evidence in the record that raises a genuine issue of material fact as to whether the City established a policy or custom that caused the constitutional violations Plaintiff alleges.
For the foregoing reasons, the City of Philadelphia's motion for summary judgment will be granted. An appropriate order follows.