Kedra v. City of Philadelphia

OPINION

This civil rights action arises out of an alleged series of brutal acts committed by Philadelphia policemen against the plaintiffs. The events set forth in the complaint span one and one-half years, from December 1975 to February or March 1977. The defendants have moved to dismiss. See Fed.R.Civ.P. 12(b).

I. The Factual Allegations

Plaintiffs are Dolores M. Kedra; her children, Elizabeth, Patricia, Teresa, Kenneth, Joseph, 1 Michael, Robert, and James; and Elizabeth’s husband, Richard J. Rozanski. Michael, Robert, and James Kedra are minors, and their mother sues on their behalf as parent and natural guardian.

Defendants are the City of Philadelphia; Police Commissioner Joseph J. O’Neill; officials of the Police Department’s Homicide Division — Division Chief Donald Patterson, Chief Inspector Joseph Golden, Lieutenant Leslie Simmins, and Sergeant John Tiers; Homicide Detectives Richard Strohm, James Richardson, George Cassidy, and Michael Gannon; Police Lieutenant Augustus C. Miller; Police Officers James Brady, Robert Pitney, Jessie Vassor, and John J. D’Amico; an officer surnamed Tuffo; and other unidentified members of the Police Department. It is alleged that “at all times material to plaintiffs’ cause of action [the City of Philadelphia] employed all of the *658 individual defendants.” It is further alleged that each of the individual defendants, “separately and in concert,” acted under color of Pennsylvania law and, “pursuant to their authority as agents, servants, and employees of defendant City of Philadelphia, intentionally and deliberately engaged in the unlawful conduct described ..” They are sued “individually and in their official capacity” and “jointly and severally.”

The series of events set forth in the complaint 2 dates from December 22, 1975. On that evening, Richard Rozanski and Joseph and Michael Kedra were arrested at gun point without probable cause by defendants Vassor and D’Amico and taken to Philadelphia Police Headquarters (the Roundhouse). At the Roundhouse, they were separated and questioned for seventeen hours by defendants Strohm, Richardson, Cassidy, and Gannon. They were not informed of their constitutional rights and were refused requests for counsel. The complaint states—

“During the course of the interrogation, plaintiffs Richard Rozanski, Michael Kedra and Joseph Kedra were handcuffed, struck about the head, face, stomach, abdomen, arms and legs with fists and physical objects, were harassed and threatened with further physical violence by defendants Strohm, Richardson, Cassidy and Gannon; during the course of this interrogation, plaintiff Richard Rozanski’s legs were held apart by two of the defendant detectives while he was kicked in the testicles, groin, buttocks and legs by defendant Strohm.”

Rozanski, and Michael and Joseph Kedra each sustained serious injuries as a result of the beatings.

Meanwhile, defendant Richardson forcibly took Elizabeth Rozanski from her mother’s house to the Roundhouse, where she was detained and questioned for seventeen hours by defendants Strohm, Gannon, Richardson, and Simmins. She was not advised of her rights. She was shown her husband, who had been beaten badly, and “was threatened with arrest in an attempt to coerce a false statement from her.” A warrantless search of her bedroom was conducted by defendant Strohm “and others” without her consent and without probable cause.

On that same evening, Dolores Kedra voluntarily went to the Roundhouse “where she was illegally interrogated, coerced into signing a release authorizing the search of her house and forcibly detained” for nine hours by Strohm, Richardson, Cassidy, Gannon, “and other unidentified defendants.”

Seven days later, on the morning of December 29, 1975, defendants Brady and Pitney went to the Kedra home, demanding to see Richard Rozanski and “falsely stating that they had papers for his appearance in Court on the following day.” All of the plaintiffs except Dolores Kedra, the mother, were at home at the time. The policemen “attempted to drag [Rozanski] out of the house,” but Rozanski and Kenneth Kedra shut and locked the door. Rozanski asked to see a warrant, but Brady and Pitney did not have one. Brady and Pitney then secured the aid of other policemen who, without a warrant or probable cause and “through the use of excessive force,” “broke open the door with the butt end of a shotgun and forced their way into the house with shotguns, handguns, blackjacks, and nightsticks in hand.” Defendants Brady, Pitney, Miller, Tiers, “and ten to fifteen other defendant members of the Philadelphia Police Department” conducted a thorough search of the house and, while doing so, physically assaulted Patricia, Joseph, Michael, and Kenneth Kedra, inflicting serious injuries. They also attempted to confiscate a camera and note pad being used by Joseph Kedra. It is alleged further that—

“[T]he defendants unlawfully detained plaintiffs within the house by blocking off both the front and rear doors, holding plaintiffs in fear of life and limb by visibly displaying shotguns, handguns and *659 nightsticks, and through threats of violence, coercion and abusive language.”

Rozanski and Joseph, Michael, and Kenneth Kedra were taken to the Roundhouse in a police van, and Kenneth was beaten while being led to the van. At the Roundhouse, Michael and Kenneth were “unlawfully detained” for twenty-four hours, and Rozanski “was struck in the face by defendant Strohm” and was denied repeated requests for counsel. “[W]ithout just or probable cause,” Rozanski was charged with murder, burglary, and receiving stolen goods, and Kenneth and Joseph were charged with assault and battery, harboring a fugitive, and resisting arrest. In defending these charges, they incurred attorney’s fees. All three later were acquitted on all counts.

With respect to the December 1975 events, the complaint sets forth the following general allegations:

“17. At all times material to plaintiffs’ cause of action, plaintiff Richard Rozanski, through his attorney, offered to voluntarily surrender to the Philadelphia Police; the defendants chose, however, to engage in the course of conduct described in detail above, the purpose and effect of which was to knowingly, intentionally and deliberately deprive plaintiffs of rights secured by the Constitution of the United States.

18. All of the aforementioned acts were committed by defendants intentionally, deliberately and maliciously, pursuant to their authority as agents, servants and employees of the Police Department of the City of Philadelphia.

19. The aforementioned acts were committed with the consent and knowledge and at the direction of defendants Joseph F. O’Neill in his capacity as Police Commissioner of the City of Philadelphia.

20. The aforementioned acts were committed with the knowledge and consent and at the direction of defendant Joseph Golden in his official capacity as Chief Inspector of the Homicide Division of the Police Department of the City of Philadelphia.

21. The aforementioned acts were committed with the knowledge and consent and at the direction of Captain Donald Patterson, Chief of the Homicide Division of the Philadelphia Police Department, Lieutenant Lesley Simmins and Sergeant John Tiers, in their official capacities as supervisory officials of the Philadelphia Police Department.

22. The defendants named in Paragraphs 18, 19, 20 and 21 are and were at all times material to plaintiffs’ cause of action in a position to exercise direct supervision of the defendant officers and detectives and did in fact exercise such control and supervision at all times material to plaintiffs’ cause of action.

23. All of the aforementioned acts were committed without just or probable cause with regard to each of the plaintiffs.”

The complaint alleges further that “defendants have engaged and continue to engage in a systematic pattern of harassment, threats and coercion with the intention of, and having the effect of depriving plaintiffs of rights and privileges . .” As part of this “pattern,” Michael Kedra was arrested in June 1976 and was beaten by defendant Strohm, “who handcuffed plaintiff’s hands behind his back, and struck him in the chest and stomach with a nightstick and fist.” James Kedra has been “harassed and threatened without cause” by defendants D’Amico, Brady and Pitney, and in February or March 1977 “was grabbed by the shirt” by Tuffo and Pitney “and threatened with physical violence.”

The complaint asserts that “as a result of the aforementioned actions, plaintiffs have suffered and continue to suffer severe emotional distress.”

II. The Suit and the Motion

Plaintiffs’ complaint was filed on November 23, 1977. The action is brought under the Constitution and the Civil Rights Act of 1871, 42 U.S.C. §§ 1983, 1985, 1986. Jurisdiction is based on 28 U.S.C. §§ 1331 and 1343. As a basis for their civil rights *660 claims, the plaintiffs assert that defendants’ actions deprived them of the following federal “rights, privileges and immunities”:

“(a) The right of free speech and the right to peacably [sic ] assemble under the First and Fourteenth Amendments.

(b) The right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures under the Fourth and Fourteenth Amendments.

(c) The prohibition against compulsory self-incrimination under the Fifth and Fourteenth Amendments.

(d) The right to be free from deprivation of life, liberty or property without due process of law under the Fifth and Fourteenth Amendments.

(e) The prohibition against cruel and unusual punishment under the Eighth and Fourteenth Amendments.”

Without explanation, the complaint also cites the Equal Protection Clause of the Fourteenth Amendment and Article 1, §§ 1, 8, and 9 of the Pennsylvania Constitution. Plaintiffs also invoke the pendent jurisdiction doctrine to assert additional claims under Pennsylvania law “for false arrest, false imprisonment, malicious prosecution, assault and battery, trespass to real and personal property and negligent and intentional infliction of emotional distress.” Plaintiffs seek compensatory and punitive damages in excess of $10,000 and attorneys’ fees and costs.

All of the named defendants have filed the motion to dismiss. It is based on several grounds 3 and raises questions of procedure as well as jurisdictional and substantive issues under the civil rights laws. In addition, the pendent state claims raise jurisdictional issues not discussed in the motion which should be examined in this opinion.

III. Procedural Questions

Defendants’ motion raises two matters that essentially are procedural. First, they contest Dolores Kedra’s prosecution of the case on behalf of her minor sons, Michael, Robert, and James. Second, they contend that there has been an improper joinder of parties.

A. Suit on behalf of the minor children

In the list of plaintiffs in the caption of the complaint, Michael, Robert, and James Kedra are each listed as “a minor, by his parent and natural guardian, DOLORES M. KEDRA.” Defendants contend that Dolores Kedra is seeking to assert her children’s rights and that she lacks standing to do so. They also argue that, because she asserts no rights of her own with respect to these children’s claims, the Court lacks jurisdiction over the claims.

Defendants’ contentions on this matter are frivolous. The complaint makes abundantly clear that Michael, Robert, and James are plaintiffs in their own right and that their mother merely is acting as their representative since, as minors, they lack capacity to sue. 4 In light of the allegations *661 of injury to Michael, Robert, and James, defendants do not, and could not, contend that these minors lack standing. There are no jurisdictional problems presented by their claims. The only real question, therefore, is whether suit by these children through a representative is procedurally proper. Federal Rule of Civil Procedure 17(c), which specifically contemplates such a procedure, 5 answers that question affirmatively.

B. Joinder

Defendants contend that there has been an improper joinder of parties under Federal Rule of Civil Procedure 20(a), which provides:

“All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action. All persons . may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all defendants will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.”

Defendants argue that plaintiffs’ claims against them do not “aris[e] out of the same transaction, occurrence, or series of transactions or occurrences” because they stem from events spanning a fourteen or fifteen month period. 6

The joinder provisions of the Federal Rules are, very liberal. As the Supreme Court noted in United Mine Workers v. Gibbs, 383 U.S. 715, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966),

“Under the Rules, the impulse is toward entertaining the broadest possible scope of action consistent with fairness to the parties; joinder of claims, parties and remedies is strongly encouraged.”

383 U.S. at 724, 86 S.Ct. at 1138 (footnote omitted).

The reason for the liberality is that unification of claims in a single action is more convenient and less expensive and time-consuming for the parties and the court. Mosley v. General Motors Corp., 497 F.2d 1330, 1332 (8th Cir. 1974). In recognition of this attitude, the “transaction or occurrence” language of Rule 20 has been interpreted to “permit all reasonably related claims for relief by or against different parties to be tried in a single proceeding. Absolute identity of all events is unnecessary.” Id. at 1333.

*662 Although the events giving rise to plaintiffs’ claims in this case occurred over a lengthy time period, they all are “reasonably related.” The complaint sets forth a series of alleged unlawful detentions, searches, beatings and similar occurrences and charges defendants with “engaging] in a systematic pattern of harassment, threats and coercion with the intention of . depriving plaintiffs of [their] rights”; each of the incidents set forth is encompassed within the “systematic pattern.” There is no logical reason why the systematic conduct alleged could not extend over a lengthy time period and, on the face of these allegations, there is nothing about the extended time span that attenuates the factual relationship among all of these events. The claims against the defendants “aris[e] out of the same transaction, occurrence, or series of transactions or occurrences” for purposes of Rule 20(a), and therefore joinder of defendants in this case is proper.

Apart from the procedural propriety of the joinder under Rule 20(a), however, there is a question whether a single trial of all claims against all defendants will prejudice some of the defendants. Some of the defendants were involved in only one of the several incidents alleged, and lumping them together with other defendants who were involved in more than one incident may be unfair. This problem is of particular concern with respect to the December 29, 1975 incident, which, apart from the allegations of direction, supervision, and control, appears to involve different actors than the other incidents alleged. Federal Rule 20(b) provides the court with power to remedy this situation:

“The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom he asserts no claim and who asserts no claim against him, and may order separate trials or make other orders to prevent delay or prejudice.”

At oral argument, counsel for both sides recognized the potential prejudicial effect of the joinder in this case and suggested formulation of a stipulation which would attempt to remedy the problem. It appears, however, that it will be better to deal with the problem after discovery has been completed and the case is ready for trial. At that time, the degree of involvement of each of the defendants will be more clear and potential prejudice will be easier to assess. I therefore shall defer decision of this aspect of the case. I shall retain flexibility to sever portions of it or to take other remedial actions, if necessary, once the prejudice issue is more clearly focused.

IV. The Civil Rights Claims — Sections 1985, 1986

Plaintiffs’ civil rights claims include claims under 42 U.S.C. §§ 1985 and 1986, the sections of the 1871 Civil Rights Act dealing with conspiracies to deny certain rights. The parties have not addressed their arguments to these claims, but since defendants’ motion seeks dismissal of the complaint as to each of the moving defendants, consideration of these claims is necessary. 7

Section 1985 is a lengthy statute which authorizes an action for damages by any person injured as a result of certain conspiratorial activities. As I recently noted,

“[t]he actionable conspiracies cover a wide range of activities, including interference with the duties of federal officials (§ 1985(1)), interference with federal court proceedings (§ 1985(2)), obstruction of the ‘due course of justice in any State or Territory’ with the intent to deny equal protection of the laws (§ 1985(2)), direct or indirect infringement of equal protection rights (§ 1985(3)), and interference with federal voting rights (§ 1985(3)).”

United States ex rel. Hoss v. Cuyler, 452 F.Supp. 256, 279 (E.D.Pa.1978). *663 Here, as in that case, the allegations do not fit within any of those categories. Although the complaint cites the Equal Protection Clause of the Fourteenth Amendment, there is nothing in the complaint demonstrating that any of the defendants’ acts were committed with a class-based discriminatory intent, and the allegations therefore do not state a claim within the equal protection provision of § 1985(3). Since the allegations do not fall within any of the actionable conspiracies of § 1985, the claims under that section against all defendants will be dismissed for failure to state a claim upon which relief can be granted.

Section 1986 authorizes an action for damages against any person who knows of and can prevent conduct made unlawful in § 1985 and who “neglects or refuses to do so.” The section states that the § 1986 defendant is liable “for all damages caused by [the] wrongful act” under § 1985 “if such wrongful act be committed.” A person therefore cannot be liable under § 1986 unless a violation of § 1985 (the “wrongful act”) has occurred. Since in this case plaintiffs have not alleged a viable claim under § 1985, the § 1986 claim must be dismissed for failure to state a claim upon which relief can be granted.

Y. The Civil Rights Claims — Section 1983 and the Fourteenth Amendment

Plaintiffs’ major claim under the 1871 Civil Rights Act is under 42 U.S.C. § 1983, which provides:

“Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, 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.”

In addition, as to defendant City of Philadelphia, plaintiffs assert a parallel claim directly under the Fourteenth Amendment to the Constitution.

The individual defendants argue that the § 1983 claim against them must be dismissed insofar as they are sued in their individual (i. e., unofficial) capacities because the claim fails to meet the “under color of” state law requirement. They also contend that the claim is barred by the statute of limitations. In addition, defendants O’Neill, Golden, and Patterson argue that the claim must be dismissed as to them because the only allegations as to them are conclusory averments of supervision. The City of Philadelphia contests assertion of the claims against it under both § 1983 and the Fourteenth Amendment, contending that it cannot be held liable as a matter of law.

A. Color of state law

Plaintiffs sue the defendants “individually and in their official capacity.” Defendants contend that the court “lacks subject matter jurisdiction” over the civil rights claims against them insofar as they are sued as individuals because “in their individual capacity, as opposed to their official capacity, it is impossible for them to ‘act under color of law.’ ” Memorandum in Support of Motion to Dismiss, at 15.

Defendants are incorrect in making this assertion as a jurisdictional argument. As the Supreme Court noted in Hagans v. Lavine, 415 U.S. 528, 538, 94 S.Ct. 1372, 1379, 39 L.Ed.2d 577 (1974), “[¡jurisdiction is essentially the authority conferred by Congress to decide a given type of case one way or the other,” and such authority exists unless the claim is patently frivolous or insubstantial. The allegations in this case certainly are not within the insubstantial category.

“A claim is insubstantial only if ‘ “its unsoundness so clearly results from the previous decisions of [the Supreme Court] as to foreclose the subject and leave no room for the inference that the questions sought to be raised can be the subject of controversy.” ’ ”

Goosby v. Osser, 409 U.S. 512, 518, 93 S.Ct. 854, 859, 35 L.Ed.2d 36 (1973), quot *664 ing Ex parte Poresky, 290 U.S. 30, 32, 54 S.Ct. 3, 78 L.Ed. 152 (1933), and Hannis Distilling Co. v. Mayor of Baltimore, 216 U.S. 285, 288, 30 S.Ct. 326, 54 L.Ed. 482 (1910).

Defendants have cited no Supreme Court decision which forecloses the subject of their personal liability as a matter of law; indeed the authorities are directly contrary to the position defendants advocate. The Court therefore has jurisdiction under 28 U.S.C. § 1343, which grants jurisdiction to hear civil actions to redress deprivations of federal rights. 8

Defendants’ argument is more properly addressed as a motion to dismiss for failure to state a claim upon which relief can be granted, for such a motion raises the substantive question whether defendants, when not acting in an official capacity, can be said as a matter of law not to act “under color” of state law. So viewing the motion, however, defendants’ argument must be rejected.

“Sued individually and in their official capacity” is one of those standard boilerplate clauses that frequently find their way into pleadings against public officials. The purpose of such an averment appears to be the reservation of alternate sources of recovery for the alleged misconduct — the individual’s personal resources, and the treasury of the governmental body which he serves. In this context, then, official capacity suits have been said to be “only another way of pleading an action against an entity of which an officer is an agent.” Monell v. Department of Social Services, 436 U.S. -, - n. 55, 98 S.Ct. 2018, 2036 n. 55, 56 L.Ed.2d 611 (1978). The distinction between the alternate categories of liability has not been explored at great length in the cases, but it appears to be that if the official is found liable for acts done within the scope of authority vested in him by his employer, he is liable in his “official capacity” and the employing entity may have to pay, whereas, if the official has acted outside of his authority, he was not acting “officially” and therefore only can be held personally liable for his conduct. See, e. g., Driver v. Helms, 577 F.2d 147, 151-154 (1st Cir. 1978); Briggs v. Goodwin, 186 U.S.App.D.C. 170, 569 F.2d 1, 4 (1977); Walker v. Hughes, 558 F.2d 1247, 1249 n. 1 (6th Cir. 1977); Gurzo v. Gregory Park, Inc., 99 N.J. Super. 355, 240 A.2d 25 (Law Div. 1968); Jones v. Van Bever, 164 Ky. 80, 174 S.W. 795 (1915), overruled on other grounds, Maryland Casualty Co. v. McCormack, 488 S.W.2d 347, 352 (Ky.1972). 9

Whatever the ramifications of the official/unofficial capacity distinction, it is not controlling for purposes of the statutory requirement that a § 1983 defendant act “under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory.” That requirement is addressed to the source of authority for the defendant’s conduct, and, so long as the state has clothed the defendant with apparent authority to act, the requirement has been met. 10 This source of authority ques *665 tion is much broader than whether a state employee has acted within the scope of his official authority. For example, a state employee may misuse power granted by the state, but in doing so he nevertheless acts under color of state law for civil rights liability purposes. Monroe v. Pape, 365 U.S. 167, 171-87, 81 S.Ct. 473, 5 L.Ed.2d 492 (1961); United States v. Classic, 313 U.S. 299, 325-26, 61 S.Ct. 1031, 85 L.Ed. 1368 (1941); Jennings v. Shuman, 567 F.2d 1213, 1219-20 (3d Cir. 1977); Roberts v. Acres, 495 F.2d 57, 59 (7th Cir. 1974). Whether he is acting within the lawful scope of his authority is of little legal significance so long as his apparent authority flows from the state or his conduct is in some way related to the state. See, e. g., Scheuer v. Rhodes, 416 U.S. 232, 235-38, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (by implication); Basista v. Weir, 340 F.2d 74, 80-81 (3d Cir. 1965). To be sure, “[a]n official’s actions are not ‘under color of’ law merely because he is an official; an off-duty policeman’s discipline of his own children, for example, would not constitute conduct ‘under color of’ law.” Paul v. Davis, 424 U.S. 693, 717, 96 S.Ct. 1155, 1168, 47 L.Ed.2d 405 (1976) (Brennan, J., dissenting). The distinction in that hypothetical, however, is not that the policeman’s conduct was beyond the scope of his authority, but that the conduct had absolutely no connection with his police officer authority in the first place. Where the initial power flows from the state, however, color of state law is present. Indeed, this is so even where the § 1983 defendant is not a state employee at all. Adickes v. S. H. Kress & Co., 398 U.S. 144, 152, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); United States v. Price, 383 U.S. 787, 794 & n. 7, 86 S.Ct. 1152, 16 L.Ed.2d 267 (1966); see Flagg Brothers, Inc. v. Brooks, 436 U.S. 149, 155, 98 S.Ct. 1729, 1733, 56 L.Ed.2d 185 (1978).

The complaint alleges that “the defendants and each of them, spearately [sic] and in concert, acted under color of the statutes, ordinances, regulations, customs, and usages of the Commonwealth of Pennsylvania and the City and County of Philadelphia.” The defendants’ allegedly unlawful activities occurred in connection with law enforcement functions of the government. Their power, though allegedly misused, derived from the state. According to the allegations, those defendants who acted in their unofficial capacity did so “in concert” with others acting in an official capacity. Given these allegations, defendants can be held liable insofar as they did not act *666 in an official capacity, and therefore their contention on this issue will be rejected. Accord, Norton v. McKeon, 444 F.Supp. 384, 386 (E.D.Pa.1977).

B. Statute of limitations

Defendants contend that plaintiffs’ claims are barred by the statute of limitations. Since no federal limitations period is written into the 1871 Civil Rights Act, actions under that statute are governed by the period applicable to the most analogous cause of action under the law of the forum state. 11 O’Sullivan v. Felix, 233 U.S. 318, 34 S.Ct. 596, 58 L.Ed. 980 (1914); Polite v. Diehl, 507 F.2d 119, 122 (3d Cir. 1974) (en banc); Henig v. Odorioso, 385 F.2d 491, 493 (3d Cir. 1967), cert. denied, 390 U.S. 1016, 88 S.Ct. 1269, 20 L.Ed.2d 166 (1968). Resolution of this issue therefore requires analysis of plaintiffs’ civil rights claims and of Pennsylvania law to determine the closest analogy and analysis of the Pennsylvania statutes of limitations to assess their application in light of the analogy.

In determining the appropriate analogy, I note at the outset that plaintiffs’ claims sound in tort, since they assert wrongful conduct in breach of a legal duty and injurious to personal interests. See Meyers v. Pennypack Woods Home Ownership Association, 559 F.2d 894, 901 (3d Cir. 1977); W. Prosser, Handbook of the Law of Torts § 1 (4th ed. 1971). The analogy therefore must be found in Pennsylvania tort law. In addition, “each aspect of [the] complaint” must “be given separate statute of limitations treatment depending on the nature of the specific act or acts complained of.” Meyers, at 901 (discussing claims under 1866 Civil Rights Act); accord, Polite v. Diehl, supra, 507 F.2d at 122-23 (claims under 1871 Act). But see Regan v. Sullivan, 557 F.2d 300 (2d Cir. 1977) (suggesting need for single limitations period for all § 1983 claims); Smith v. Cremens, 308 F.2d 187 (9th Cir. 1962) (same). The tort law analysis is to be made from three perspectives: the defendants’ conduct, the plaintiffs’ injury, and the relief requested. Meyers, at 901.

Looking to the various aspects of plaintiffs’ civil rights claims, one of the most recurring allegations is that defendants arrested and detained plaintiffs illegally. The Fourth Amendment provides that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” This prohibition is applicable to the states by virtue of the Due Process Clause of the Fourteenth Amendment (see, e. g., Ker v. California, 374 U.S. 23, 83 S.Ct. 1623, 10 L.Ed.2d 726 (1963); Wolf v. Colorado, 338 U.S. 25, 69 S.Ct. 1359, 93 L.Ed. 1782 (1949)), and since the arrests and detentions complained of were “seizures” of persons within the meaning of the Fourth Amendment (see Terry v. Ohio, 392 U.S. 1, 16, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)), that prohibition is applicable here. A survey of Pennsylvania law discloses that the tort most analogous to this type of civil rights claim is false imprisonment. At common law, as applied in Pennsylvania, “[t]he gist of false imprisonment is unlawful detention”, and the Pennsylvania Supreme Court has held that the tort is applicable to unlawful arrests by police officers. See McCarthy v. DeArmit, 99 Pa. 63, 71 (1881). See generally Restatement (Second) of Torts §§ 35-45A (1965). Both the conduct and the injury in this case match that in a false imprisonment case and the relief requested — damages—is fully consistent with such a tort action (see, e. g., Duggan v. Baltimore & O. R.R.,