J-A28035-16 

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 

THOR D. PERRY, IN THE SUPERIOR COURT OF

PENNSYLVANIA 

 Appellant 

v. 

ERIE COUNTY, WARDEN JAMES 

VESHECCO, JASON H. WORCESTER, AND 

CLIFFORD J. PALMER, 

 Appellees No. 276 WDA 2016 

Appeal from the Order February 10, 2016 

in the Court of Common Pleas of Erie County 

Civil Division at No.: 10109-14 

BEFORE: PANELLA, J., SHOGAN, J., and PLATT, J.* 

JUDGMENT ORDER BY PLATT, J.: FILED OCTOBER 13, 2016 

 Appellant, Thor D. Perry, appeals from the order granting summary 

judgment in favor of Appellees, Erie County and James Veshecco, then 

Warden of Erie County Prison.1 Appellant raises issues that are in the 

____________________________________________ 

*

 Retired Senior Judge assigned to the Superior Court. 

1

 The judgment was not entered in favor of Appellees, Jason H. Worcester or 

Clifford J. Palmer, who have not responded to Appellant’s complaint. We 

recognize defense counsel’s argument that as a consequence the order 

appealed from is not final, and the trial court erred in certifying it as a final 

order pursuant to Pa.R.A.P. 341. See Pa.R.A.P. 341(c) (providing that 

where more than one claim for relief is presented, trial court may enter final 

order as to fewer than all claims). “[T]he appealability of an order goes 

directly to the jurisdiction of the Court asked to review the order.” 

Berkeyheiser v. A-Plus Investigations, Inc., 936 A.2d 1117, 1123 (Pa. 

Super. 2007) (citation omitted). Thus, in light of our disposition we decline 

to address this issue. 
J-A28035-16 

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exclusive jurisdiction of the Commonwealth Court. Therefore, we transfer to 

that Court. 

 On January 28, 2012, five inmates severely beat Appellant while he 

was in Erie County Prison, in retaliation for his assault on a former 

girlfriend.2 On January 15, 2014, Appellant initiated this civil rights action 

based on the injuries he received. In his complaint he sued Appellees 

Worcester and Palmer, alleging constitutional rights violations under 42 

U.S.C. § 1983. Appellant also brought civil rights claims and Monell3

claims against Veshecco and Erie County, asserting that certain 

administrative staffing policies constituted the “legal cause” of the civil rights 

violations against him. 

 On August 17, 2015, Appellees Veshecco and Erie County filed a 

motion for summary judgment, which the court granted on February 10, 

2016. Appellant timely appealed. 

 Appellant argues that the trial court improperly granted summary 

judgment. Before we can address the claims raised, we must determine if 

we have jurisdiction. 

____________________________________________ 

2

 The beating was orchestrated by Corrections Officer Worcester with the 

assistance of Corrections Officer Palmer, Co-Appellees. The victim is the 

niece of C.O. Worcester. Both Worcester and Palmer were terminated and 

convicted for this incident. 

3 See Monell v. Dep't of Soc. Servs. of City of New York, 436 U.S. 658 

(1978) (holding that municipality is “person” within meaning of § 1983 of 

Civil Rights Act). 
J-A28035-16 

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 It is well-settled that this Court may “raise[] the question of subject 

matter jurisdiction sua sponte . . . .” Commonwealth v. Danysh, 833 

A.2d 151, 152 (Pa. Super. 2003) (citation and footnote omitted); see 

Pa.R.A.P. 752(a). 

Appellate jurisdiction over section 1983 claims against county officials 

are within the appellate jurisdiction of the Commonwealth Court of 

Pennsylvania. See Wareham v. Jeffes, 564 A.2d 1314, 1318 n.7 (Pa. 

Cmwlth. 1989); Tristani v. City of Pittsburgh, 755 A.2d 52, 56 (Pa. 

Cmwlth. 2000) (deciding whether evidence supported liability under section 

1983 for Monell claims); 42 Pa.C.S.A. § 762(a)(7). 

 Here, Appellant has appealed the grant of summary judgment on his 

section 1983 claims in favor of Appellees Erie County and Veshecco. (See

Appellant’s Brief, at iv, 3). Accordingly, the Commonwealth Court has 

jurisdiction and we transfer this matter to that Court. 

 Appeal transferred to the Commonwealth Court. 

Judgment Entered. 

Joseph D. Seletyn, Esq. 

Prothonotary 

Date: 10/13/2016