PHILADELPHIA – Delaware County’s attempt to dismiss a wrongful death lawsuit surrounding the murder of an 18-month-old in foster care two years ago, has been nullified by the presiding judge for failure to follow their courtroom procedures.
Anthony Thomas Jr. (as Administrator of the Estate of Li’aziah Thomas, deceased) of Marcus Hook first filed suit in the Delaware County Court of Common Pleas on Jan. 9 versus Emadaddin Algarf and Mahmoud Kneifati of Chester, the County of Delaware and John Does 1-3.
“At all times material and for an extended period of time prior to January 2021, Thomas and her half-siblings were under the supervision and control of the Delaware County Children and Youth Services (CYS) agency, a governmental entity administered, staffed and controlled by defendant Delaware County. Further, and at all times relevant and material hereto, defendants County of Delaware and/or John Doe(s) 1-3, failed to properly supervise, monitor and/or otherwise inspect the premises where plaintiff’s minor child Thomas was living under the care and/or custody of Kandie Meinhart and Maurice Rice. At all times relevant, defendants County of Delaware and/or John Doe(s) 1-3, knew that placement with Meinhart was inherently dangerous to Thomas,” the suit said.
“Defendants County of Delaware and/or John Doe(s) 1-3 previously removed Thomas from the custody of Meinhart prior to January 2021, but reinstated Thomas to the custody of Meinhart in the months prior to January 2021. Defendants County of Delaware and/or John Doe(s) l-3 reinstated custody, but did not perform necessary and required checks on the safety of Thomas. Defendants County of Delaware and/or John Doe(s) 1-3 did not conduct a proper check of the safety and background of all residents of 939-941 Pine Lane, where Meinhart and her children, including Thomas, lived with Rice.”
The suit added that the County of Delaware and/or John Doe defendants did not investigate the living arrangements between Meinhart and defendant owners to ensure that the location was safe and that all residents were screened for safety, did not conduct checks to determine that the living arrangements at 939-941 Pine Lane were appropriate for Thomas and failed to follow their own procedures and policies for monitoring Thomas, thereby endangering her and ultimately costing the decedent her life.
“Thomas was present at 939-941 Pine Lane in Chester, PA on Jan. 19, 2021 into the morning of Jan. 20, 2021. Meinhart and Rice were also present at the location during this time. On Jan. 20, 2021 at approximately 11 a.m., Emergency Medical Services (EMS) and police were called to the aforesaid premises at 939-941 Pine Lane in Chester, Pennsylvania to respond to a call regarding a child experiencing cardiac arrest. Upon arrival, EMS personnel found Thomas on the floor without a pulse, cold to the touch and in rigor mortis. Personnel also noted a contusion on Thomas’s back. After this initial observation, EMS personnel removed Thomas from the home due to the extreme, aggressive and agitated state of defendant Meinhart,” the suit stated.
“At 11:10 a.m. on Jan. 20, 2021 EMS personnel pronounced Thomas dead and contacted the Medical Examiner, who arrived at the scene. After Thomas was removed from the property at 939-941 Pine Lane to an area away from Meinhart and others at the property, personnel from the Delaware County Medical Examiner’s Office declared plaintiff’s child, Thomas, dead. The Delaware County Medical Examiner’s Office determined the cause of death was blunt force trauma with severe internal bleeding and organ damage, and the manner of death was homicide. An autopsy was performed on Thomas by the Delaware County Medical Examiner’s Office, under autopsy report 2021-0138.”
The Medical Examiner later determined that Thomas was a homicide victim and that the cause of her death was multiple blunt force injuries, including:
• Abrasions to the left forehead, left cheek and left upper lip;
• Multiple bruises to the back, buttocks and ribs, with attendant hemorrhages;
• A 6 cm laceration of the liver with extensive hemorrhaging in the abdomen, and;
• Bruising around the bowel.
Furthermore, the Medical Examiner determined that Thomas was dead at least four to five hours prior to the arrival of the police and EMS personnel.
“On or about June 29, 2021, Meinhart and Rice were taken into custody on homicide charges relating to the death of plaintiff’s child, Thomas. Meinhart is currently incarcerated and is awaiting trial on charges of murder in the first degree, murder in the third degree, conspiracy and other related charges in the Delaware County Court of Common Pleas,” the suit said.
“Rice is currently incarcerated and is awaiting trial on charges of murder in the first degree, murder in the third degree, conspiracy and other related charges in the Delaware County Court of Common Pleas. The death of plaintiff’s child was due in no manner whatsoever to any act or omission by the decedent or plaintiff Anthony Thomas Jr., her father.”
On Feb. 21, Delaware County filed to remove the case to the U.S. District Court for the Eastern District of Pennsylvania, due to the cited alleged civil rights violations under 42 U.S.C. Section 1983.
“Defendant Delaware County was served with plaintiff‘s complaint on Jan. 19, 2023. According to the Delaware County Court of Common Pleas docket, defendant Delaware County is the only party that has been served with a summons in this matter. As defendants were served on Jan. 19, 2023 defendant Delaware County has not yet filed an answer or other response to the complaint. In filing this notice of removal, defendant Delaware County does not waive any defense or counterclaim that may be available to it,” per the removal notice.
“This notice of removal is timely filed pursuant to 28 U.S.C Section 1446 (b) because it is filed within 30 days of Jan. 19, 2023, when defendant Delaware County was served with the complaint. Defendant Delaware County invokes federal question jurisdiction through the alleged violation of 42 U.S.C. Section 1983. This Court has original jurisdiction over this action pursuant to 28 U.S.C. Section 1331 and the action may be removed to this Court by defendant Delaware County, pursuant to 28 U.S.C. 1441. The allegations set forth in the complaint render this action a civil action arising under the Constitution, laws or treaties of the United States. Pursuant to 28 U.S.C. Section 1367(a), this Court has supplemental jurisdiction over the remaining causes of action that are not within the original jurisdiction of the Court, because the remaining claims form the same case and/or controversy as the claims within the original jurisdiction of the Court. Written notice of this filing will be given to plaintiff. Also as required by 28 U.S.C. Section 1446(d), a copy of this notice of removal will also be filed with the Prothonotary of the Delaware County Court of Common Pleas, the Court in which the state court action was filed.”
UPDATE
On Feb. 28, Delaware County motioned to dismiss multiple counts from the case, for failure to state claims upon which relief could be granted.
“Here, Plaintiff has failed to plead sufficient facts to establish a plausible cause of action under 42 U.S.C. §1983 for a state created danger cause of action. Rather, the Complaint generally alleges that decedent, Thomas, was placed in the custody of the Delaware County Children and Youth agency. Subsequent to being placed with the agency, Thomas was placed under the care and custody of Kandie Meinhart and Maurice Rice. Plaintiff alleges that while in the custody of Meinhart and Rice, Plaintiff was killed by blunt force trauma. Although Plaintiff attempts to suggest that Delaware County, through the Delaware County Children and Youth agency created a state-created danger, Plaintiff has not established the four elements necessary to support such a claim,” the dismissal motion stated, in part.
“In fact, defendant Delaware County contends that plaintiff’s death was not a foreseeable and direct result of her placement with Meinhart and Rice. Likewise, Plaintiff failed to plead any allegations indicating that state actors engaged in culpable activity sufficient to establish a state-created danger claim. As plaintiff has failed to plead facts establishing that defendant Delaware County created a state-created danger, Count VIII of plaintiff’s complaint should be dismissed.”
Delaware County additionally argued that the plaintiff “has failed to plead any facts demonstrating that discrimination played a part in Thomas’ death” and “does not allege that Thomas was discriminated against or that defendant Delaware County engaged in any discrimination.”
“In Count VIII of plaintiff’s complaint, plaintiff attempts to assert violations of the Fourth, Fifth, Eighth and Fourteenth Amendments. However, plaintiff did not state how the noted Constitutional Amendments were allegedly violated. Although plaintiff may be attempting to allege due process violations, plaintiff has not noted which due process violations he is claiming. As drafted, plaintiff’s complaint fails to assert whether he is asserting an equal protection claim or a substantive due process claim. Therefore, Count VIII of plaintiff’s complaint is legally deficient and should be dismissed,” the motion continued.
However, U.S. District Court for the Eastern District of Pennsylvania Judge Joshua D. Wolson threw out the dismissal motion on March 1.
“Upon review of defendant County of Delaware’s motion to dismiss for failure to state a claim, it is ordered that the motion is stricken for failure to comply with the requirements set forth in Section II.B.4 of Judge Wolson’s policies and procedures. Defendant is granted leave to comply with this requirement on or before March 6, 2023,” Wolson said.
The procedure in question mandated that “any party that intends to file a motion under Federal Rule of Civil Procedure 12 must contact opposing counsel at least one week before the due date to discuss the substance of the contemplated motion and to provide an opportunity to cure any alleged pleading deficiencies,” and that “counsel must have a substantive verbal discussion, whether by phone or in person.”
If the parties were unable to reach an agreement, then they would be required to send Judge Wolson a letter of no more than five single-spaced pages that sets forth each issue to be raised in the motion and each party’s substantive position with respect to that issue, with the issues to be resolved at a pre-motion conference.
For multiple counts of negligence, survival, wrongful death and violation of civil rights under 42 U.S.C. Section 1983, the plaintiff is seeking damages in excess of $50,000, plus interest and other relief which the Court may deem appropriate.
The plaintiff is represented by Jared S. Zafran and Andrew J. Thomson of the Law Office of Jared S. Zafran, in Philadelphia.
Defendant Delaware County is represented by John P. Gonzales and Jahlee Hatchett of Marshall Dennehey Warner Coleman & Goggin, in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 2:23-cv-00660
Delaware County Court of Common Pleas case CV-2023-000183
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com