PITTSBURGH – A Pittsburgh couple allege the wife-plaintiff was subject to excessive force, battery and unlawful detainment by an inexperienced police officer who responded to their domestic dispute and broke her arm.
Barbara Ann Thompkins and Eric Klavon of Pittsburgh filed suit in the U.S. District Court for the Western District of Pennsylvania on March 9 versus the Municipality Of Penn Hills and Penn Hills Police Department of Pittsburgh, plus Officer Alyssa Finnigan and SPC David Klobuchar of Allegheny County.
“Plaintiff Thompkins and Klavon are husband and wife. On June 3, 2020, as couples do from time to time, the two got into a domestic dispute. When previous disputes arose, husband-plaintiff Klavon would call Penn Hills Police, who would come to the house and discuss the issues with the couple. Previously, no arrests were made and the prior domestic situations ended amicably,” the suit states.
“Husband-plaintiff called Penn Hills Police Department on June 3, 2020 when he and his wife got into a domestic dispute. When Penn Hills Police arrived on the scene, husband-plaintiff Klavon was standing outside in front of his house while wife-plaintiff Thompkins was inside the house in the living room. At the time that officers from the Penn Hills Police Department arrived on the scene, the domestic situation was diffused and neither husband-plaintiff Klavon nor wife-plaintiff Thompkins were violent or a threat to each other, themselves, the police officers or the general public.”
The officers who responded in the matter were defendants Finnigan and Klobuchar. The suit says at the time, Klobuchar had extensive experience in responding to domestic disputes, while Finnigan was a newer officer who did not have such experience.
Both plaintiffs were familiar with defendant Klobuchar, who had informed them to call the Penn Hills Police Department in the event of a domestic dispute.
“On June 3, 2020, this non-violent and non-threatening police call transformed into a situation where plaintiff Thompkins was unlawfully detained with unnecessary and excessive force that violated her Constitutional rights and ultimately ended with her suffering a major and traumatic fracture of her right humerus, which required surgical intervention and continued physical therapy and rehabilitation,” per the suit.
“When defendants Klobuchar and Finnigan arrived to plaintiffs’ home on June 3, 2020, husband-plaintiff was outside the home in the front yard and wife-plaintiff was inside the home in the living room right inside the front door. Defendant Klobuchar stayed out on the front lawn with husband-plaintiff while defendant Finnigan entered the home where wife-plaintiff Thompkins was located. For some unknown and unnecessary reason, plaintiff Thompkins, who was not violent or a threat to anyone at the time, was thrown violently to the ground by defendant Finnigan and pinned to the ground using defendant Finnigan’s knee.”
Following defendant Finnigan’s use of excessive and unnecessary force to violently throw wife-plaintiff Barbara Ann Thompkins to the ground, defendant Finnigan decided, without consulting with or speaking to defendant Klobuchar, to place wife-plaintiff under arrest and put her in handcuffs.
In the process of violently attempting to put handcuffs on wife-plaintiff Thompkins, defendant Finnigan used such extreme force to place plaintiff Thompkins’ arm behind her back that defendant Finnigan fractured plaintiff Thompkins’ right arm.
“At the time of this use of excessive force wife-plaintiff Thompkins was 61 years old and disabled due to multiple medical conditions she suffered from including musculoskeletal issues with her back,” the suit says.
“Not only was the force used by defendant Finnigan unnecessary and excessive, but it is entirely unclear why defendant Finnigan would need to use this level of violence and force when responding to a non-violent and non-threatening individual as old and with the physical condition that wife-plaintiff was in at the time.”
The suit contends that despite being a more experienced officer, Klobuchar did not intervene and stop Finnigan, and furthermore, after this use of unnecessary force, Thompkins was brought to a holding cell at the police department, instead of to a medical facility, to receive treatment for her broken arm.
“In an effort to cover-up and defend her unconstitutional and unnecessary use of excessive force, defendant Finnigan made misrepresentations and omissions in her affidavit of probable cause and ultimately charged wife-plaintiff with the unnecessary and unfounded charge of resisting arrest. Wife-plaintiff Thompkins was also charged with simple assault and harassment,” the suit says.
“All charges against wife-plaintiff Thompkins were dropped on July 27, 2020 before Magisterial District Judge DeLuca, which in and of itself proves that defendants perpetrated malicious prosecution and abuse of process against wife-plaintiff Thompkins.”
The suit adds Thompkins underwent surgery on June 12, 2020 to repair her broken arm, is still undergoing treatment and physical therapy for her fractured humerus and may have permanent loss of function due to her injuries.
For counts of Fourth and Fourteenth Amendment violations, excessive use of force by defendant Finnigan, failure to intervene by defendant Klobuchar, deliberate indifference by defendant Penn Hills Police Department, battery against defendant Finnigan, false arrest/false imprisonment against defendant Finnigan, false arrest/false imprisonment against defendant Penn Hills Police Department, malicious prosecution and abuse of process against all defendants and loss of consortium, the plaintiffs are seeking damages, jointly and severally, and award them compensatory and consortium damages in an amount in excess of jurisdictional arbitration limits, punitive damages, interest, costs, attorneys’ fees, and any other relief which this Honorable Court may deem necessary to compensate plaintiffs for which this suit was brought, plus a trial by jury.
The plaintiffs are represented by Max Petrunya of Max Petrunya P.C. and Paul R. Jubas of Paul Jubas Law, both in Pittsburgh.
The defendants have not yet secured legal counsel.
U.S. District Court for the Western District of Pennsylvania case 2:21-cv-00320
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com