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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF PENNSYLVANIA

DR. JENNIFER GAYLE SAPPINGTON

a/k/a Sunshine Firecracker 5514 Carville Ave Halethorpe, MD 21227 Plaintiff,

v.

BOROUGH OF EPHRATA

NANCY HARRIS, Borough Manager

STEPHANIE J. FASNACHT, Open Records Officer CHIEF CHRISTOPHER MCKIM, Police Chief

OFFICER CHAD ALLEN, Ephrata PD

OFFICER GARVER, Ephrata PD

JOHN/JANE DOE OFFICERS 1–10, Ephrata PD MAINSPRING OF EPHRATA, Quasi-Government Actor JOY ASHLEY, Executive Director, Mainspring

Defendants.

CIVIL ACTION NO. __ JURY TRIAL DEMANDED

COMPLAINT FOR VIOLATIONS OF CIVIL RIGHTS (42 U.S.C. §§ 1983, 1985, 1986, 1988), USTRA, AND STATE- LAW CLAIMS

I. INTRODUCTION

1. Plaintiff brings this action under 42 U.S.C. §§ 1983, 1985, 1986, 1988, the Pennsylvania Utility Service Tenants’ Rights Act ("USTRA"), 66 Pa.C.S. §§ 1521–1529, and state law.

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2. On March 16, 2023, the Borough of Ephrata unlawfully terminated utility service at 1368 Apple Street, Ephrata, without providing required tenant notice or opportunity to cure, in violation of USTRA. Liability is strict.

3. Plaintiff also challenges Defendants’ pattern of retaliation, unlawful seizures, selective enforcement, and denial of public access in violation of the First, Fourth, and Fourteenth Amendments.

4. Plaintiff seeks compensatory damages, punitive damages, declaratory and injunctive relief, attorneys’ fees, and costs.

II. JURISDICTION AND VENUE

1. This Court has jurisdiction under 28 U.S.C. §§ 1331, 1343, 1367.

2. Venue is proper in this District under 28 U.S.C. § 1391(b) because the events giving rise to the claims

occurred in Lancaster County, Pennsylvania.

III. PARTIES

1. Plaintiff Dr. Jennifer Gayle Sappington, a/k/a Sunshine Firecracker, is a resident of Halethorpe, Maryland.

2. Defendant Borough of Ephrata is a Pennsylvania municipal corporation.

3. Defendant Nancy Harris is Borough Manager and a board member of Mainspring.

4. Defendant Stephanie J. Fasnacht is the Borough’s Open Records Officer.

5. Defendant Chief Christopher McKim is the Chief of Police for Ephrata PD.

6. Defendants Officer Chad Allen, Officer Garver, and John/Jane Doe Officers 1–10 are sworn

officers of Ephrata PD.

7. Defendant Mainspring of Ephrata is a publicly funded quasi-governmental entity managing public

spaces.

8. Defendant Joy Ashley is Executive Director of Mainspring.

IV. FACTUAL BACKGROUND

1. On March 16, 2023, the Borough of Ephrata unlawfully shut off utility service at 1368 Apple Street without providing required USTRA tenant notices or notice to the property owner.

2. Plaintiff was displaced, forced into homelessness, and subjected to cascading harms, including arrests, confinement, and family breakdown.

3. Plaintiff filed multiple Right-to-Know Law (RTKL) requests to Ephrata seeking CAD/911 data, police policies, and oath records. Nearly all were denied or obstructed.

4. Plaintiff was excluded from Mainspring’s public Welcome Center and outdoor seating areas, in retaliation for her advocacy.

5. Defendants’ actions reflect customs, practices, and policies of retaliation, lack of transparency, and misuse of municipal power.

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V. CLAIMS FOR RELIEF

Count I – USTRA Violation (66 Pa.C.S. §§ 1521–1529)

The Borough’s March 16, 2023 utility shutoff violated USTRA. Liability is strict and damages are mandatory.

Count II – First Amendment Retaliation (42 U.S.C. §1983)

Defendants retaliated against Plaintiff for speech, RTKL requests, and advocacy.

Count III – First Amendment Viewpoint Discrimination / Public Forum Exclusion (42 U.S.C. §1983) Mainspring and Ashley, with Harris’s influence, excluded Plaintiff from public spaces.

Count IV – Fourth Amendment – False Arrest and Unlawful Seizure (42 U.S.C. §1983) Allen, Garver, and Doe Officers unlawfully detained Plaintiff.

Count V – Fourteenth Amendment – Equal Protection (42 U.S.C. §1983) Defendants selectively enforced laws to target Plaintiff.

Count VI – Fourteenth Amendment – Procedural and Substantive Due Process (42 U.S.C. §1983) Defendants deprived Plaintiff of liberty and property without due process.

Count VII – Monell Liability (42 U.S.C. §1983)

The Borough’s policies, practices, and failures to adopt lawful procedures caused violations.

Count VIII – Conspiracy to Deprive Civil Rights (42 U.S.C. §1985(3)) Defendants conspired to suppress Plaintiff’s rights.

Count IX – Neglect to Prevent Conspiracy (42 U.S.C. §1986) Defendants knew of the conspiracy and failed to prevent it.

Count X – State Law: Intentional Infliction of Emotional Distress

Defendants’ conduct was extreme and outrageous.

Count XI – State Law: Abuse of Process / Malicious Prosecution

Defendants misused arrests and PFAs to harass Plaintiff.

Count XII – State Law: Tortious Interference with Public Access

Defendants unlawfully interfered with Plaintiff’s right to access public accommodations.

Count XIII – Pennsylvania Right-to-Know Law Bad Faith

Defendants denied records in bad faith.

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VI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests this Court enter judgment in her favor and against Defendants, and award the following relief:

1. Declaratory judgment that Defendants violated Plaintiff’s constitutional and statutory rights; 2. Injunction requiring Borough compliance with USTRA and transparency under RTKL;

3. Compensatory damages in the amount of Thirty Million Dollars ($30,000,000.00);

4. Punitive damages against individual Defendants;

5. Attorneys’ fees and costs under 42 U.S.C. §1988; 6. Pre- and post-judgment interest;

7. Any other relief the Court deems just.

VII. JURY DEMAND

Plaintiff demands trial by jury on all issues so triable.

Respectfully submitted,

/s/ Dr. Jennifer Gayle Sappington Dr. Jennifer Gayle Sappington Sunshine Firecracker

Pro Se Plaintiff