Sallah Abdulla v. Lisa Pittaoulis

Summary

The Eastern District of Pennsylvania granted summary judgment to Philadelphia Police Lieutenant Lisa Pittaoulis in a 42 U.S.C. § 1983 action arising from Sallah Abdulla’s removal from an Airbnb property. The court held that, even assuming Abdulla was a tenant, it was not clearly established in October 2021 that a reasonable officer had to treat the Airbnb arrangement as a landlord-tenant relationship requiring formal eviction proceedings. The court therefore concluded Pittaoulis was entitled to qualified immunity.

Holdings

1. Lieutenant Pittaoulis was entitled to qualified immunity because, even assuming Abdulla had a possessory interest as a tenant and the removal could constitute a Fourth Amendment seizure, it was not clearly established in October 2021 that an Airbnb occupant in Abdulla's circumstances was a tenant who could be removed only through formal eviction proceedings.
2. Lieutenant Pittaoulis was entitled to qualified immunity on Abdulla's procedural due process claim because it was not clearly established that Abdulla was a tenant with a protected possessory interest requiring notice and a hearing before removal.
3. The Fifth Amendment Due Process Clause did not apply to Abdulla's claims against Lieutenant Pittaoulis because she was a state officer rather than a federal actor.
4. Abdulla could not maintain claims against Lieutenant Pittaoulis based on the November 5, 2021 police encounter because the record contained no evidence that she was involved in or aware of that incident.

Questions Presented

1. Whether Lieutenant Pittaoulis was entitled to qualified immunity on Abdulla's Fourth Amendment claim based on her participation in his removal from the property.
2. Whether Lieutenant Pittaoulis was entitled to qualified immunity on Abdulla's Fourteenth Amendment procedural due process claim based on the allegedly extrajudicial eviction.
3. Whether Abdulla's Fifth Amendment due process claim could proceed against a state officer.
4. Whether the record established Lieutenant Pittaoulis's personal involvement in the November 5, 2021 incident.

Disposition

other