Orguna Sanders v. City of Erie
── Orguna Sanders v. City of Erie ──
Court: Court of Appeals for the Third Circuit
Date: May 21, 2026
Category: General
CLD-125 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 26-1135
___________
ORGUNA SANDERS,
Appellant
v.
CITY OF ERIE; DANIEL SPIZARNY, Chief of Police for City of Erie; SUZANNE C.
MACK, District Magistrate Judge; NICHOLAS A. MASKERY, District Attorney;
JEREMY C. LIGHTNER, District Attorney; K.M. MULLANEY, Erie Police Dept
PTLM; JOSEPH SCHEMBER, Mayor of the City of Erie
____________________________________
On Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. No. 1:22-cv-00355)
Magistrate Judge: Honorable Richard A. Lanzillo
____________________________________
Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B) or
Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
April 30, 2026
Before: BIBAS, PHIPPS, and NYGAARD, Circuit Judges
(Opinion filed May 21, 2026)
_________
OPINION*
_________
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
PER CURIAM
Orguna Sanders, a Pennsylvania state prisoner proceeding pro se and in forma
pauperis, appeals from the District Court’s judgment against him in a civil-rights action.
We will summarily affirm.
I.
Sanders filed a complaint in the District Court1 pursuant to 42 U.S.C. § 1983
against the City of Erie, its mayor, its chief of police, an individual Erie police officer
(“Erie City Defendants”), two Erie County assistant district attorneys (“ADA
Defendants”), and a Magistrate Judge alleging that the police officer, K.M. Mullaney,
initiated certain criminal charges against him without probable cause. Sanders claimed
that the Magistrate Judge improperly increased his bail because of those allegedly
baseless criminal charges, and that the ADA Defendants maliciously prosecuted him on
those charges.
After Sanders filed his operative amended complaint, all defendants filed motions
to dismiss his complaint for failure to state a claim. The Court granted the motion as to
the Magistrate Judge and the ADA defendants, concluding that they were immune from
1
In this case, a United States Magistrate Judge presided over the District Court
proceedings pursuant to the parties’ consent. See 28 U.S.C. § 636(c)(1). Accordingly, we
will refer to the Magistrate Judge as “the District Court.”
2
suit. The Court also dismissed the claims against the mayor, and the chief of police, and
so the case continued solely against Officer Mullaney.
After a period of discovery, Sanders and Mullaney each moved for summary
judgment, which the Court granted in favor of Mullaney, concluding that he had
sufficient probable cause to initiate criminal proceedings against Sanders. After the Court
denied Sanders’s motion for reconsideration, he filed a timely appeal. In this Court,
Sanders has been granted leave to proceed in forma pauperis, and has filed a brief that
has been construed as a document in support of his appeal.
II.
We have jurisdiction under 28 U.S.C. § 1291. “We review district court decisions
regar
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}