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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 THOR D. PERRY, IN THE SUPERIOR COURT OF PENNSYLVANIA Appellant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 g ranting summary judgment in favor of Appellees, Erie County and Jam es Veshecco, then Warden of Erie County Prison. 1 Appellant raises issues that are in the

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* Retired Senior Judge assigned to the Superior Cour t.

1 The judgment was not entered in favor of Appellees , Jason H. Worcester or Clifford J. Palmer, who have not responded to Appel lant’s complaint. We recognize defense counsel’s argument that as a cons equence the order appealed from is not final, and the trial court err ed 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 appeala bility 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 Ap pellant while he was in Erie County Prison, in retaliation for his a ssault on a former girlfriend. 2 On January 15, 2014, Appellant initiated this ci vil rights action based on the injuries he received. In his complain t he sued Appellees Worcester and Palmer, alleging constitutional right s violations under 42 U.S.C. § 1983. Appellant also brought civil right s claims and Monell 3 claims against Veshecco and Erie County, asserting that certain administrative staffing policies constituted the “l egal cause” of the civil rights violations against him. On August 17, 2015, Appellees Veshecco and Erie Co unty filed a motion for summary judgment, which the court grante d on February 10, 2016. Appellant timely appealed. Appellant argues that the trial court improperly g ranted summary judgment. Before we can address the claims raised, we must determine if we have jurisdiction.

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2 The beating was orchestrated by Corrections Office r Worcester with the assistance of Corrections Officer Palmer, Co-Appell ees. 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” withi n meaning of § 1983 of Civil Rights Act).J-A28035-16

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It is well-settled that this Court may “raise[] th e question of subject matter jurisdiction sua sponte . . . .” Commonwealth v. Danysh , 833 A.2d 151, 152 (Pa. Super. 2003) (citation and footn ote omitted); see Pa.R.A.P. 752(a). Appellate jurisdiction over section 1983 claims aga inst county officials are within the appellate jurisdiction of the Common wealth 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 Coun ty and Veshecco. ( See Appellant’s Brief, at iv, 3). Accordingly, the Com monwealth Court has jurisdiction and we transfer this matter to that Co urt. Appeal transferred to the Commonwealth Court. Judgment Entered.

Joseph D. Seletyn, Esq. Prothonotary

Date: 10/13/2016