PITTSBURGH – The City of Pittsburgh has denied liability in litigation between itself and the estate of a deceased man, who was tasered nine times by a local police officer due to being initially considered a suspect in a bicycle theft and who later died from his injuries.
James Frierson (individually and as administrator of the Estate Of Jim Rogers, decedent) of Allegheny County first filed suit in the U.S. District Court for the Western District of Pennsylvania on April 4 versus City of Pittsburgh, Officer Keith Edmonds, Lt. Matt Gaunter, Officers Robert Pedey, Pat Desaro, Greg Boss, Jeff Dean, Paul Froehlich, Neyib Velazquez, Leroy Schrock, Sgt. Colby Neidig and Sgt. Carol Ehlinger.
“On Oct. 13, 2021, Jim Rogers, an unarmed 54-year-old man with a long psychiatric history, was walking in the Friendship neighborhood of Pittsburgh, Pennsylvania. At approximately 10:20 a.m., Mrs. Lauren Crossett contacted the City of Pittsburgh’s Police Department, stating that a man was stealing a bicycle from her neighbor’s porch. It was later determined that this bicycle was being offered for free and that the neighbor did not characterize this conduct as a ‘theft.’ At approximately, 10:29 a.m., Officer Edmonds arrived in the general location and located Mr. Rogers on Harriet Street. Upon information and belief, Officer Edmonds began questioning Mr. Rogers and performed a search of his person and ascertained that Mr. Rogers had no weapons or other contraband,” the suit said.
“Upon information and belief, Officer Edmonds threw Mr. Rogers to the ground. A video of the situation shows that Officer Edmonds unreasonably escalated the matter by yelling at Mr. Rogers, and then employed his taser and electrocuted Mr. Rogers nine or ten times. Upon information and belief, the electric current administered to Mr. Rogers caused him extreme pain, suffering and mental anguish. At approximately 10:31 a.m., the following individuals arrived on the scene: Officers Pedey, Desaro, Boss, Dean, Gaunter, Schrock, Sgt. Neidig and Sgt. Ehlinger. At 10:40 a.m. police requested that an ambulance be dispatched to the scene, because one or more of the officers had Mr. Rogers’ blood on them. Upon information and belief, Mr. Rogers, while still on Harriet Street, repeatedly requested that he be provided medical help and taken to a hospital.”
The suit added that no police officer or EMS employees on the scene listened to or acceded to his request, and upon arrival, that the EMTs failed to assess the decedent’s condition or advise that the decedent’s condition was life-threatening, despite him bleeding profusely.
Furthermore, Officers Pat Desaro and Greg Boss were tasked with transporting Mr. Rogers to jail, despite Rogers repeatedly asking to be provided medical help – and that instead of transporting Rogers to West Penn Hospital, just near the scene of the incident, the officers brought Rogers to Allegheny County Jail.
“However, upon nearing the jail, they determined that Mr. Rogers’ rapid decline deserved medical attention so they proceeded to Mercy Hospital, just blocks from the jail. There, it was determined that Mr. Rogers no longer had a pulse or was breathing. Emergency Department staff came out to the police vehicle to perform life-saving medical care. Mr. Rogers entered the Emergency Department at approximately 11:16 a.m. On Oct. 14, 2021, Mr. Rogers died at approximately 10:15 a.m. Officer Edmonds’ brutal attack on Mr. Rogers through the repeated use of a taser on an unarmed, non-violent, older gentleman was without cause or justification and undertaken recklessly, wantonly and with gross negligence. This attack caused Mr. Rogers personal injury, pain, suffering, extreme emotional distress, mental anguish and ultimately, death,” the suit stated.
“The actions and omissions of the defendants that caused delay in the delivery of appropriate emergency medical care to Mr. Rogers were without cause or justification, and were undertaken intentionally, maliciously, recklessly, wantonly and/or with gross negligence. As a consequence of his death, Mr. Rogers was deprived of the pleasures and enjoyment of life, liberty and the pursuit of happiness. Upon information and belief, Officer Edmonds has a history of tasering individuals for minor unnecessary matters. On June 20, 2021, Officer Edmonds tasered Mr. Troy Reed. In that matter, Mr. Reed was being arrested for a minor retail theft charge. He was running away from Officer Edmonds and presented no threat to him or any other third-party, yet Officer Edmonds employed an unreasonable use of force to apprehend Mr. Reed. The City of Pittsburgh failed to discipline Mr. Edmonds and as such tacitly accepted Mr. Edmonds’ actions.”
The day after the case was filed, April 5, plaintiff counsel filed a consented motion for a stay of proceedings in the case – which Magistrate Judge Cynthia Reed Eddy granted two days later. The order stayed the case for 60 days, in order for the parties to attempt to arrive at a resolution of the claims at issue.
UPDATE
After two amended versions of the complaint were filed on June 11 and June 14 respectively, the City of Pittsburgh answered the action on June 28.
Although it was admitted that a City officer used his taser on Rogers multiple times, it was further noted that Rogers was determined to have died an accidental death by the County Medical Examiner and that officers did transport Rogers to Mercy hospital – in addition to the argument that EMS workers were not aware of Rogers’ condition, as they were not dispatched to the scene to attend to Rogers, and were advised on the scene that they did not need to examine the individual the police had in custody.
“Plaintiff has failed to state a claim upon which relief may be granted. The City of Pittsburgh asserts all defenses available under the Civil Rights Act of 1871. Defendant City of Pittsburgh has reasonable and appropriate hiring, training, supervision and discipline policies applicable to the police department and the bureau of emergency medicine services. To the extent that discovery reveals that Rogers was in any way responsible for the actions allegedly perpetrated against him, defendant asserts that he would then either have caused or assumed the risk of, or be contributorily negligent for the injuries and damaged he received,” according to the City’s answer.
“The City asserts all defense, immunities and limitations available to it as provided by the Political Subdivision Tort Claims Act. Punitive damages may not be pursued against a municipality in a Section 1983 lawsuit. Plaintiff’s claims are barred, in whole or in part, insofar as the City was not the proximate cause of any alleged injury or damages incurred by the plaintiff. The actions of the decedent were the direct and proximate cause of the alleged injuries and/or damages incurred by the plaintiff.”
For counts of excessive force in violation of the Fourth Amendment to the U.S. Constitution, deliberate indifference to medical needs, false arrest, conspiracy to violate rights secured under the Fourth and Fourteenth Amendments to the U.S. Constitution, negligent hiring, training, discipline, supervision, monitoring and retention of employees, wrongful death under Pennsylvania Common Law, assault and battery under Pennsylvania Common Law, intentional/reckless infliction of emotional distress and survival, the plaintiff is seeking the following relief:
• An order declaring that defendants’ conduct violated Mr. Rogers’ rights as guaranteed by the Fourth and Fourteenth Amendments to the U.S. Constitution;
• An order granting compensatory damages in an amount to be determined at trial;
• An order awarding punitive damages against defendants in an amount to be determined at trial;
• An order awarding plaintiff reasonable attorneys’ fees and costs under 42 U.S.C. Section 1988.
The plaintiff is represented by Todd J. Hollis of Hollis Law Offices, in Turtle Creek.
The defendants are represented by Krysia Kubiak and Michael E. Kennedy of the City of Pittsburgh’s Law Department, Paul D. Krepps of Marshall Dennehey Warner Coleman & Goggin, and Karin M. Romano and Thomas P. McGinnis of Thomas Thomas & Hafer, all in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:22-cv-00523
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com