PITTSBURGH – A Pittsburgh couple say they were unlawfully subjected to excessive force and arrest after a traffic stop by members of the now-defunct East Pittsburgh Police Department three years ago.
Jessica F. Short, Darnell Lee Scott Sr. and Darnell Lee Scott. Jr. of Pittsburgh initially filed suit in the Allegheny County Court of Common Pleas on Sept. 14 versus The Borough of East Pittsburgh, Justin Klebba and Nathaniel Calabro, all of East Pittsburgh.
“On or about Oct. 27, 2017 at approximately 7:30-8:00 p.m., plaintiff Darnell Lee Scott, Sr. was operating his vehicle in a lawful manner on or near 700 Grandview Avenue, when he became the subject of a traffic stop by defendant Justin Klebba, who was at that time acting within the course and scope of his employment as a police officer with the East Pittsburgh Police Department. Defendant Nathan Calabro also was present at the scene and at the time was acting within the course and scope of his employment as a police officer with the East Pittsburgh Police Department,” the suit says.
“As the aforementioned traffic stop proceeded, defendant Klebba physically dragged Darnell Lee Scott, Sr. from his vehicle and onto the street despite the fact that Scott was at all times cooperating and offered no resistance to defendants Klebba and Calabro. Notwithstanding, Scott was arrested by defendants Klebba and Calabro and charged with possession of a prohibited offensive weapon, possession of a controlled substance and driving with suspended operating privileges.”
Plaintiff Jessica Short says she was accompanied by minor plaintiff, Darnell Lee Scott, Jr. (3 years old at the time), was present immediately across the street from the scene of the aforementioned traffic stop and, as it was proceeding, protested verbally to the involved police officers regarding the claimed basis for the traffic stop and the ensuing physical abuse of Darnell Lee Scott, Sr. by defendants Klebba and Calabro. Short claimed she was speaking calmly with the police and was not screaming, profane or otherwise disrespectful in her discourse or demeanor.
“Notwithstanding, Defendant Klebba proceeded to cross the street from the scene of the traffic stop and engage verbally with Jessica Scott threatening her that if she continued to request information as to the basis for the traffic stop she would ‘go to jail and lose her child to CYS,” the suit states.
“At the same time, Klebba grabbed Ms. Short’s right arm forcefully from the minor plaintiff and pushed her to the ground on top of the minor plaintiff such that a bystander had to intervene and physically drag the minor plaintiff out from underneath Jessica Short to take him to safety, all while Ms. Short was being tased multiple times by defendant Klebba.”
Klebba and Calabro then arrested Short and falsely accused her of various crimes including obstruction of the administration of law, resisting arrest and disorderly conduct, leading Scott Sr. and Short to be detained for three months and 18 hours, respectively.
“Ultimately, all criminal charges advanced against both Jessica Short and Darnell Lee Scott, Sr. were dismissed. Jessica Short and Darnell Lee Scott, Jr. have been diagnosed with post-traumatic stress disorder (PTSD) as a result of the incident involving defendants Klebba and Calabro,” according to the lawsuit.
“The East Pittsburgh Police Department was forced to disband on Dec. 1, 2018 as a direct consequence of police abuse of force incidents and associated lack of accountability of the East Pittsburgh Police Department, including, most notably, the shooting death of Antwon Rose II.”
The plaintiffs argue that “the criminal complaints filed against plaintiffs Jessica Short and Darnell Lee Scott, Sr. were advanced for improper purposes other than the administration of justice and were intended to cause and in fact caused great harm and damage to plaintiffs through having to endure a period of incarceration with associated embarrassment, indignity, loss of wages and loss of employment.”
Counsel for the defendants filed to remove the case to the U.S. District Court for the Western District of Pennsylvania on Oct. 12, and then answered the complaint on Oct. 19, explaining they had probable cause to arrest the adult plaintiffs.
“It is admitted that, in connection with the subject traffic stop, plaintiff Scott Sr. was charged with various criminal offenses, including unlawful possession of a weapon, possession of marijuana, driving with a suspended license, and operation of a vehicle with equipment violations and windshield obstruction,” the answer explained.
“It is denied that plaintiff Scott cooperated with the officers’ lawful commands, and denied that he did not resist the same, in that he refused lawful commands to exit the vehicle and had to be forcibly removed with reasonable and necessary force, which did not cause injury to plaintiff Scott Sr. It is further denied that plaintiff Scott Sr. was arrested; rather, he was released at the scene and thereafter charged via summons.”
The defendants added plaintiff Short was not calm as the complaint stated, rather that she was hostile and interfered in the arrest of Scott Sr., pushing defendant Klebba in the chest, leading her to be tased and arrested also.
The officers claimed they did not use excessive force, had probable cause to do so, are protected by qualified immunity and the plaintiffs’ state law claims are barred and/or limited by the provisions of the Political Subdivision Tort Claims Act.
For counts of excessive and unreasonable force, municipal liability, assault and battery and abuse of process, the plaintiff is seeking jointly and severally in a sum in excess of $35,000, plus punitive damages to the extent recoverable against said Defendants, counsel fees and costs incurred and a trial by jury.
The plaintiffs are represented by Jeffrey T. Morris of Elliott & Davis, in Pittsburgh.
The defendants are represented by Thomas P. McGinnis and Karin M. Romano of Thomas Thomas & Hafer, also in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:20-cv-01540
Allegheny County Court of Common Pleas case GD-19-014901
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com