ALLENTOWN – A settlement has been approved in a case brought against the City of Lancaster, its police chief and others by a woman who claimed she and her minor son were maced without cause, as they peacefully took part in a racial justice and police accountability demonstration.
Lori Kreider and A.K., a minor by his parent and natural guardian Lori Kreider, first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on June 15 against the City of Lancaster, Chief Jarrad Berkihiser and Officer John Doe, alleging civil rights violations.
According to the complaint, Kreider and her son, who was 10 years old at the time, were participating in “a peaceful demonstration” in Lancaster on May 30, 2020. They allege that as they stood at the intersection of Prince Street and West Chestnut Street, they were unarmed and not engaging in any threatening behavior.
The plaintiffs further allege that Lori Kreider was holding a sign that read “This is what police brutality looks like” with a photo of a Lancaster police detective, while her son sat on the curb at her feet.
The plaintiffs claimed that Officer John Doe stopped directly in front of the sign for a few seconds and then without warning, took out a can of mace and sprayed it into her face and then into her son’s face, which caused him to suffer chemical burns to his neck and torso.
The plaintiffs alleged the officer’s actions were not a reasonable use of force, and that the City of Lancaster and its police chief have failed to properly discipline or sanction officers who violate policies and procedures.
In an Aug. 16 answer to the complaint, the defendants denied the plaintiffs’ allegations in their entirety – and in numerous affirmative defenses put forth, countered that the use of force was justified, reasonable and necessary under the circumstances presented to defendants at the time.
After Berkihiser was voluntarily dismissed as a defendant on Feb. 1, the plaintiffs filed a motion for settlement under Rule 41.2 of the Local Rules of Civil Procedure for the Eastern District of Pennsylvania, which requires court approval for minors to receive settlement proceeds.
“The defendant City of Lancaster has made an offer of $5,001 in full and final settlement of the minor plaintiff’s claim. Plaintiff’s counsel, in his professional opinion, feels that the settlement offer is fair and reasonable and in the best interest of the minor plaintiff,” the motion for settlement stated.
“The above-mentioned settlement offer was made exclusive of fees and costs, so therefore, plaintiffs’ counsel will not be seeking reimbursement of any fees or costs from this settlement, and the full value of the settlement will be distributed to the minor plaintiff. Pursuant to Rule 41.2 of the Local Rules of the Eastern District of Pennsylvania the full amount of this settlement proceeds, $5,001, will be placed in a federally-insured account marked with the restriction, ‘Not to be withdrawn until the minor attains his majority or upon further order of a Court of competent jurisdiction.”
UPDATE
The case was officially marked as settled and dismissed on Feb. 17, according to the Court.
“It having been reported that the parties have settled the above-captioned action, and pursuant to Rule 41.1(b) of the Local Rules of Civil Procedure of this Court, it is hereby ordered that this action is dismissed with prejudice, pursuant to agreement of counsel without costs. The Court shall retain jurisdiction for a period of 90 days while the parties finalize the written settlement agreement,” U.S. District Court for the Eastern District of Pennsylvania Judge Edward G. Smith said.
“Upon consideration of the foregoing motion to approve settlement and compromise a minor’s action, the settlement of the minor’s claim herein is approved as follows: Total amount of settlement is $5,001. There are to be no attorney’s fees or costs deducted from the amount of this settlement. The full amount of the above-mentioned settlement shall be placed in a federally-insured account marked with the restriction that the funds ‘shall not be withdrawn until such time as the minor attains his majority or upon further order of the Court.”
The plaintiffs were represented by Patrick G. Geckle of the Law Offices of Patrick G. Geckle, in Philadelphia.
The defendants were represented by Christine E. Munion of William J. Ferren & Associates, in Hartford, Conn.
U.S. District Court for the Eastern District of Pennsylvania case 5:21-cv-02693
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com