PITTSBURGH – A Pitcairn business owner claims she was targeted for racial discrimination, harassment, code violations and false prosecution by local authorities, after publicly criticizing the police’s perceived use of violence on Black citizens on social media.
Allyson Calloway filed suit in the U.S. District Court for the Western District of Pennsylvania on Feb. 3 versus the Borough of Pitcairn, its Mayor Margaret Stevick, its Police Chief Scott Farally, its Code Enforcement Officer Nick Turner, Pitcairn Police Officer Brendan Linebarger and Allegheny County Police Officer William Good.
“Calloway is a Black resident and business owner in Pitcairn, Pennsylvania. On or about Nov. 17, 2020, Calloway publicly via Facebook criticized the Pitcairn police for violence against Black people, and had received media attention and social media fame for those criticisms,” the suit says.
“Upon information and belief, including, but not limited to, the fact that defendants Stevick, Turner and Farally as well as people personally and/or professionally connected to the defendants have commented on Calloway’s Facebook posts which are critical of law enforcement, Defendants were aware of her public criticisms. After Calloway’s Nov. 17, 2020 criticisms, the Pitcairn Police engaged in a retaliatory campaign of harassment of Calloway.”
Calloway alleged this harassment took several forms, including:
• Turner, who upon information and belief was acting at the behest of Stevick and/or Farally, on numerous occasions harassed Calloway and interfered with her businesses by trying to force her to remove her sign from her business, while not targeting the substantially similar signs of businesses owned by white people;
• Turner, who upon information and belief was acting at the behest of Stevick, attempted to have Calloway’s landlord evict her;
• Turner, who upon information and belief was acting at the behest of Stevick and/or Farally, attempted to convince the Monroeville Fire Inspector to wrongfully fail Calloway’s inspection;
• On Jan. 19, 2021, Pitcairn Police and Good knowingly caused Calloway to be falsely charged without probable cause and knowledge of actual innocence with felony hindering prosecution and misdemeanor tampering with evidence. Calloway was found not guilty at trial;
• Shortly before Calloway’s trial on Aug. 21, 2021, and upon Stevick’s instruction, Turner, demanded to be allowed to search Calloway’s store premises, falsely claiming that he was investigating a crime;
• Upon information and belief, one of defendants and/or someone at one of defendants’ direction have repeatedly called Children and Youth Services on Calloway, making a variety of false claims that Calloway is committing child abuse;
• In or around Summer 2021, Stevick approached Calloway and falsely told Calloway that that a business owner was complaining about chalk on the sidewalk. Stevick did not know that Calloway was the owner of said business. Upon learning same, Spevick stated, “Today it’s chalk, tomorrow it’s graffiti.”
• In or around September 2021, Farally illegally and without a warrant or probable cause or permission searched Calloway’s business;
• Shortly before her trial, Calloway was again knowingly falsely charged without probable cause and knowledge of actual innocence by Pitcairn Police, specifically, Linebarger, with misdemeanor institutional vandalism and other summary offenses;
• Various Pitcairn police officers parking their cars in front of one of Calloway’s two businesses, and in particular, blocking entry into one of her businesses. On one of those occasions, when Calloway asked the officers to not block the entrance to her store, she was told by one of the officers that “his directive was to sit here.”
“Upon information and belief, including but not limited to the fact that Stevick stated, ‘There are too many African-Americans here’, some or all of the actions of defendants complained of in this lawsuit are because Calloway is Black, in addition to that Calloway engaged in protected activity under the First and Sixth Amendments,” the suit states.
For counts of civil rights violations under 42 U.S.C. Sections 1981 and 1983, these being retaliation under the First Amendment and Sixth Amendment to the U.S. Constitution, false arrest and malicious prosecution, Monell liability and race discrimination, the plaintiff is seeking damages, jointly and severally where appropriate, to include both economic and non-economic compensatory damages, emotional damages, humiliation, embarrassment, pain and suffering, loss of enjoyment of life, as well as punitive damages, attorney’s fees, and costs of suit.
The plaintiff is represented by Martell Harris of The Trial Law Firm, in Pittsburgh.
The defendants have not yet secured legal counsel.
U.S. District Court for the Western District of Pennsylvania case 2:22-cv-00197
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com