PITTSBURGH – Settlement talks are upcoming in the case of a local family who filed suit against the City of Pittsburgh and a dozen or more Pittsburgh police officers, stemming from an incident more than three years ago where the plaintiffs say police followed them home, burst into their home without a warrant and physically assaulted them.
Regina Camp El, Harun Bey, Ahmari Camp Bey, Ahmir Camp El, A.C.E. (a minor by and through his parent and natural guardian, Regina Camp El), A.S.E., (a minor by and through her parent and natural guardian, Regina Camp El) first filed suit in the U.S. District Court for the Western District of Pennsylvania on Nov. 10, 2021 versus City of Pittsburgh (operating the Pittsburgh Bureau of Police, a division of the City of Pittsburgh), Officer Anthony Cancilla, Officer Robert Fraino, Officer Dylan Blose, Officer Joshua Dengler, Officer Mario Morante, Officer Richard Dilimone, Officer Ryan Connolly, Officer Thomas Gault, Officer Anthony Rosato, Officer Sean Duffy, Officer Dawn Mercurio and John Doe Officers. All parties are of Pittsburgh.
(Two amended complaints were later filed on Nov. 11, 2021 and Feb. 15, 2022, respectively.)
“On Nov. 11, 2019, at approximately 8 p.m., plaintiff Mr. Camp Bey was driving through the City of Pittsburgh. Defendant Cancilla, in his police car, began following plaintiff Mr. Camp Bey while shining his spotlight on plaintiff Mr. Camp Bey’s car. Even though defendant Cancilla had not engaged his lights/siren, plaintiff Mr. Camp Bey pulled his vehicle to the side of the road with the hope that defendant Cancilla would drive past. Instead, defendant Cancilla pulled directly behind plaintiff Mr. Camp Bey and engaged his lights. In fear for his safety and concerned with the propriety of defendant Cancilla’s actions, plaintiff Mr. Camp Bey pulled back onto the street, and began driving the short distance to his parents’ house. He obeyed all traffic laws while driving to his parent’s house,” the suit says.
“Knowing that plaintiff Mr. Camp Bey was obeying all traffic laws, defendant Cancilla informed Dispatch that he was not in pursuit and that he disengaged his lights. Although defendant Cancilla was, ostensibly, not in pursuit of plaintiff Mr. Camp Bey, defendant Dengler engaged his vehicle in the incident by following behind defendant Cancilla’s vehicle. Neither of defendants’ lights were engaged on their respective police vehicles while following plaintiff Mr. Camp Bey. Upon arrival at his parents’ house, plaintiff Mr. Camp Bey exited his vehicle and entered the house through the front door.”
The suit continues that at the time, plaintiff Harun Bey was walking in his first-floor hallway while holding his 1 year-old daughter, minor plaintiff A.S.E., their 3 year-old son, minor plaintiff A.C.E., was sitting on a couch in the living room, which was visible through a window in the front of the house, and plaintiffs Ms. Camp El and her son, plaintiff Mr. Camp El, were together in a vehicle in a different section of Pittsburgh.
“Upon arriving at his parents’ residence, plaintiff Mr. Camp Bey burst through the front door of 218 Jucunda St. Plaintiffs’ front doorway includes two doors – a first door that opens into a foyer, and a second door that opens into the house. Plaintiff Mr. Bey turned toward the door, saw his son enter the house, and soon thereafter saw the flash of lights and police sirens. Through the front door, plaintiff Mr. Bey then saw defendant Pittsburgh Police Officers at the front door with their guns drawn. Plaintiff Mr. Bey, still holding his 1-year-old daughter, calmly walked to the front door. Numerous officers standing in the foyer had their guns pointed at plaintiff Mr. Bey and plaintiff A.S.E. Officers were generally screaming that they were going to break the door down,” the suit states.
“Plaintiff Mr. Bey continued to speak calmly with officers to learn the circumstances of the situation, and defendant officers continued to scream and escalate their threats. After promising to obtain a warrant, defendant Gault then stepped back and out of the foyer with the other officers. Plaintiff Ms. Camp El received a phone call that a significant police incident was occurring at her home, so she and her son, plaintiff Mr. Camp El, attempted to return home. The Pittsburgh Police had blocked off the street. Upon arrival at the scene, plaintiff Ms. Camp El made her way toward her house. As plaintiff Ms. Camp El began walking toward her home, an officer asked her, “Where are you going?” to which plaintiff replied, “That’s my house.” Plaintiff’s son, plaintiff Mr. Camp El then approached, and defendant Officer Duffy aimed a rifle at plaintiff Regina Camp El, and in her son’s face.”
Plaintiff Ms. Camp El demanded to know the name and badge number of the officer who pointed a rifle in her son’s face, as well as the other officers, and began writing down that information, when the suit says she was put into a headlock and then handcuffs by the responding officers.
The suit continues that plaintiff Mr. Camp El watched as defendant officers roughed his mother up, and after advancing toward the confrontation, defendant officers Mercurio, Cancilla and Blose then placed plaintiff Mr. Camp El under arrest by throwing him chest first into a fence, which caused choking and bruising, then when plaintiff Mr. Bey walked outside, he was allegedly kicked multiple times, dragged by his face against the ground, had his arm cranked and was kneed in the neck. Plaintiff Mr. Camp
“Defendant Duffy, standing on the patio and looking through the living room window, alerted all officers to the presence of the baby, 3 year-old plaintiff A.C.E. on the couch in the living room. Numerous other officers noted the baby on the couch over the radio. Defendant Dilimone, without a warrant and in possession of the keys to plaintiffs’ house, then kicked down plaintiffs’ front door causing substantial damage. With his firearm pointed down range, defendant Dilimone entered the living room where 3 year-old minor plaintiff A.C.E. was sitting on the couch under a blanket. Defendant Dilimone aimed his firearm at minor plaintiff, yelling “Let me see your fucking hands! Don’t move let me see your hands!” the suit says.
“Officer Dilimone later stated, while laughing, ‘I put a little 3 year-old at gunpoint…I didn’t know he was a little kid.’ Defendants Gault, Rosato and Duffy entered plaintiffs’ residence and conducted a search of their property, purportedly for a 15-year-old, as well as for guns. Plaintiffs’ residence was searched without a warrant under the pretense of a ‘protective sweep.’ Following the arrests of plaintiffs Mr. Bey, Ms. Camp El and Mr. Camp Bey, defendants Cancilla, Gault and Rosato conducted more than an inventory search of plaintiff Mr. Camp Bey’s vehicle. After an initial inventory search, plaintiff Camp Bey’s vehicle was searched by defendants Gault and Rosato once, and by defendant Cancilla three additional times.”
Following the incident, defendant Officers charged plaintiff Ms. Camp El with obstruction administration of law and resisting arrest, while plaintiff Mr. Bey was charged with endangering welfare of children, obstruction of administration of law and resisting arrest. On March 22, 2021, the plaintiffs were acquitted of all charges in the Allegheny County Court of Common Pleas.
“Plaintiff Mr. Camp Bey was charged with a litany of offenses by defendant officers. Plaintiff Mr. Camp Bey was incarcerated and held in solitary confinement for 10 months. This coerced plaintiff Mr. Camp Bey into pleading guilty to the charges against him. Following the incident, Plaintiff Mr. Camp El was charged by citation by defendant officers for his actions when seeing defendant officers assault his mother, plaintiff Ms. Camp El,” the suit states.
“Shortly following the incident, defendant officers sold plaintiff Mr. Camp Bey’s vehicle at auction. Following the incident, plaintiff Regina Camp El was prevented from returning to work because of the nature of the charges against her, resulting in significant lost wages.”
A settlement conference in the case will take place on Jan. 18.
For counts of civil rights violations, excessive force and false arrest/false imprisonment under 42 U.S.C. Section 1983 and the Fourth and Fourteenth Amendments to the U.S. Constitution, failure to intervene, municipal liability under Monell and malicious prosecution, the plaintiffs are seeking, jointly and severally, damages in excess of jurisdictional arbitration limits, punitive damages, interest, costs, attorneys’ fees, and any other relief which this Honorable Court may deem necessary.
The plaintiffs are represented by Max Petrunya of Max Petrunya, P.C. and Paul Jubas, in Pittsburgh.
The defendants are represented by Emily McNally, Krysia Kubiak and Michael E. Kennedy, all of the City of Pittsburgh’s Law Department.
U.S. District Court for the Western District of Pennsylvania case 2:21-cv-01636
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com