Perry, T. v. Erie County ( 2016 )

J-A28035-16
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
THOR D. PERRY, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
ERIE COUNTY, WARDEN JAMES
VESHECCO, JASON H. WORCESTER, AND
CLIFFORD J. PALMER,
Appellees No. 276 WDA 2016
Appeal from the Order February 10, 2016
in the Court of Common Pleas of Erie County
Civil Division at No.: 10109-14
BEFORE: PANELLA, J., SHOGAN, J., and PLATT, J.*
JUDGMENT ORDER BY PLATT, J.: FILED OCTOBER 13, 2016
Appellant, Thor D. Perry, appeals from the order granting summary
judgment in favor of Appellees, Erie County and James Veshecco, then
Warden of Erie County Prison.1 Appellant raises issues that are in the
____________________________________________
*
Retired Senior Judge assigned to the Superior Court.
1
The judgment was not entered in favor of Appellees, Jason H. Worcester or
Clifford J. Palmer, who have not responded to Appellant’s complaint. We
recognize defense counsel’s argument that as a consequence the order
appealed from is not final, and the trial court erred in certifying it as a final
order pursuant to Pa.R.A.P. 341. See Pa.R.A.P. 341(c) (providing that
where more than one claim for relief is presented, trial court may enter final
order as to fewer than all claims). “[T]he appealability of an order goes
directly to the jurisdiction of the Court asked to review the order.”
Berkeyheiser v. A-Plus Investigations, Inc., 936 A.2d 1117, 1123 (Pa.
Super. 2007) (citation omitted). Thus, in light of our disposition we decline
to address this issue.
J-A28035-16
exclusive jurisdiction of the Commonwealth Court. Therefore, we transfer to
that Court.
On January 28, 2012, five inmates severely beat Appellant while he
was in Erie County Prison, in retaliation for his assault on a former
girlfriend.2 On January 15, 2014, Appellant initiated this civil rights action
based on the injuries he received. In his complaint he sued Appellees
Worcester and Palmer, alleging constitutional rights violations under 42
U.S.C. § 1983. Appellant also brought civil rights claims and Monell3
claims against Veshecco and Erie County, asserting that certain
administrative staffing policies constituted the “legal cause” of the civil rights
violations against him.
On August 17, 2015, Appellees Veshecco and Erie County filed a
motion for summary judgment, which the court granted on February 10,
2016. Appellant timely appealed.
Appellant argues that the trial court improperly granted summary
judgment. Before we can address the claims raised, we must determine if
we have jurisdiction.
____________________________________________
2
The beating was orchestrated by Corrections Officer Worcester with the
assistance of Corrections Officer Palmer, Co-Appellees. The victim is the
niece of C.O. Worcester. Both Worcester and Palmer were terminated and
convicted for this incident.
3
See Monell v. Dep't of Soc. Servs. of City of New York, 436 U.S. 658(1978) (holding that municipality is “person” within meaning of § 1983 of
Civil Rights Act).
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J-A28035-16
It is well-settled that this Court may “raise[] the question of subject
matter jurisdiction sua sponte . . . .” Commonwealth v. Danysh, 833
A.2d 151, 152 (Pa. Super. 2003) (citation and footnote omitted); see
Pa.R.A.P. 752(a).
Appellate jurisdiction over section 1983 claims against county officials
are within the appellate jurisdiction of the Commonwealth Court of
Pennsylvania. See Wareham v. Jeffes, 564 A.2d 1314, 1318 n.7 (Pa.
Cmwlth. 1989); Tristani v. City of Pittsburgh, 755 A.2d 52, 56 (Pa.
Cmwlth. 2000) (deciding whether evidence supported liability under section
1983 for Monell claims); 42 Pa.C.S.A. § 762(a)(7).
Here, Appellant has appealed the grant of summary judgment on his
section 1983 claims in favor of Appellees Erie County and Veshecco. (See
Appellant’s Brief, at iv, 3). Accordingly, the Commonwealth Court has
jurisdiction and we transfer this matter to that Court.
Appeal transferred to the Commonwealth Court.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 10/13/2016
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