PITTSBURGH – A Western Pennsylvania woman says she was wrongfully arrested for a stabbing incident that occurred in Pittsburgh due to a case of mistaken identity, and has filed suit against the police entities she feels are responsible.
Desiree Pinkston of New Kensington filed suit in the U.S. District Court for the Western District of Pennsylvania on Sept. 23 versus the City of Pittsburgh, Officer Morgan J. Logan and John Doe Officers, all of Pittsburgh.
“On Thursday, Sept. 19, 2019 City of Pittsburgh police officers, including defendant Morgan J. Logan caused a criminal complaint to be issued against Pinkston, based on an affidavit of probable cause prepared by Logan as the charging officer, concerning a stabbing incident that occurred in the East Hills section of the City of Pittsburgh,” the suit states.
“That complaint charged Pinkston with nine serious criminal offenses, most felonies, including one count of criminal conspiracy to commit criminal homicide; three counts of aggravated assault; three counts of criminal conspiracy to commit aggravated assault and one count of riot and one count of disorderly conduct.”
However, Pinkston says she has no involvement in the crimes which occurred.
“On Sunday, Sept. 22, 2019 at 11 a.m. Pinkston was arrested at her home, handcuffed and taken into custody in the presence of her 12-year old daughter. While she was being arrested, Pinkston asked the arresting officer(s) if this had to do ‘with what I saw in the news.’ Officer Morgan J. Logan was the principal arresting officer. The officer(s) responded ‘Yes, it involves your sister, Shaylon Pinkston,” per the suit.
“Plaintiff Pinkston responded, ‘She is not my sister’ and proceeded to show arresting officers a current Pennsylvania State I.D. showing that she was not the person officers thought she was. While being processed, arresting officers asked to see plaintiff Pinkston’s lower left leg looking for a certain tattoo. Pinkston showed her lower left leg, which failed to show the tattoo officers were looking for.”
Pinkston alleges that prior to her arrest, Pittsburgh police officers failed to show photos of her to the victims of the crimes alleged and failed to conduct any other type of identification procedures.
“On Sept. 22, 2019, Pinkston was arraigned before a Magistrate in the Pittsburgh Municipal Court at which time: She was informed of the nine charges filed against her; Bail was set in the amount of $20,000, which she was unable to initially post, and a preliminary hearing was set for Sept. 30, 2019 in the Pittsburgh Municipal Court,” the suit states.
“Pinkston was incarcerated at the Allegheny County Jail for a period of 24 hours before her release after posting bail through Liberty Bail Bonds and paying a non-refundable fee in the amount of $1,000. While at the jail, she was assaulted on the afternoon of Sept. 22, 2019, and sought medical treatment following her release at the University of Pittsburgh Medical Center (St. Margaret’s).”
After bond was posted, Pinkston was released from the County Jail on Monday, Sept. 23, 2019 at 11:30 a.m. The arrest and incarceration caused Pinkston to miss work at her union job at Smithfield Foods.
“When plaintiff Pinkston met with the Office of the Public Defender on Tuesday, Sept. 24, 2020 she was notified by that office that the criminal case was withdrawn by the Office of the District Attorney, and all criminal charges were dismissed, due to ‘mistaken identity,” per the litigation.
“It is believed, and, therefore it is averred that the City of Pittsburgh police officers arrested Pinkston based on her last name and nothing more. After Pinkston’s arrest and incarceration, but not before, City of Pittsburgh police officers showed photos of plaintiff Pinkston to the victims of the alleged assault. The victims stated to the officers that Pinkston was not the perpetrator of the assault.”
For counts of violating the Fourth Amendment through false arrest and malicious prosecution, the plaintiff is seeking a declaratory judgment explaining that defendants violated plaintiff’s Fourth Amendment rights; damages, in an amount to be determined at trial, against defendants for violating plaintiff’s rights under the U.S. Constitution and for physical and emotional distress injuries resulting therefrom; An order awarding plaintiff the costs incurred in this litigation, including attorney’s fees pursuant to 42 U.S.C. Section 1988; and such other relief as the Court deems just and proper, plus a trial by jury.
The plaintiff is represented by Michael J. Healey of Healey Block, in Pittsburgh.
The defendants have not yet obtained legal counsel.
U.S. District Court for the Western District of Pennsylvania case 2:20-cv-01435
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com