Ciarlone v. City of Reading - ED Pa - November 18, 2009
Apartment owner and several tenants brought sec. 1983 action against city, code enforcement officer, et al. for unlawful inspection of premises by forced actions -- including breaking into apartments with sledge hammer -- without any warrant or notice to owner or tenants.
Defendants' motion to dismiss was rejected by the court, which held that plaintiffs had pleaded sufficient facts concerning a) the constitutionality of the search, b) the city's failure educate and train code enforcement officers, c) due process claims. and d) first amendment retaliation (plaintiff owner had publicly and repeatedly spoken out against the city code enforcement department) to survive a 12(b)(6) motion to dismiss.
