SCRANTON – A Nesquehoning woman alleges that local police officers serving a warrant at her apartment kicked down her front door, a door which struck the plaintiff and caused her a series of severe injuries.
Shana Ramos first filed suit in the U.S. District Court for the Middle District of Pennsylvania on Feb. 3 versus the Borough of Nesquehoning, its Chief of Police Sean T. Smith and John Doe Police Officers 1-10. All parties are of Nesquehoning.
“On or about Feb. 9, 2021, plaintiff was lawfully present at the property located at 90 E. Catawissa Street, Apartment 116 in Nesquehoning, Pennsylvania. On the aforesaid date and at the aforesaid place, defendants, individually and in their official capacity, acting under color of state law, appeared with an alleged warrant issued to take photographs of the inside of plaintiff’s apartment. Plaintiff requested to see the warrant and, without cause or justification, in response thereto the defendants, specifically Smith, kicked the door of the plaintiff open, striking plaintiff, and forcibly entered the apartment, during which plaintiff was caused to suffer serious and debilitating bodily injuries,” the suit says.
“Defendants Smith and/or John Doe Police Officers 1-10 had no reasonable ground to engage in bodily contact with plaintiff. Plaintiff did not engage in any conduct which justified the actions of defendants Smith and/or John Doe Police Officers 1-10. The actions of all defendants were undertaken knowingly, intentionally, negligently, recklessly, maliciously and/or with reckless disregard of the truth, without cause or justification.”
The suit adds that the actions of defendant Smith and/or John Doe Police Officers 1-10 were “undertaken in the absence of justification, probable cause or other valid or reasonable lawful basis, and with the purpose of violating the plaintiff’s constitutional rights.”
“As a direct result of the actions of defendants Smith and/or John Doe Police Officers 1-10, plaintiff was deprived of the rights, privileges and immunities guaranteed by the laws and Constitutions of the United States and the Commonwealth of Pennsylvania. As a direct and proximate result of the conduct of all defendants, plaintiff suffered physical and bodily injuries, including but not limited to: Right distal radius fracture and right wrist pain, all or some of which will be of a serious and permanent nature, continues to suffer from the aforesaid incident and has and/or will incur medical, hospital and/or psychiatric expenses in connection therewith,” the suit states.
“As a direct and proximate result of the conduct of all defendants, plaintiff continues to suffer a loss of her enjoyment of life, emotional distress, post-traumatic stress, depression, mental anguish, embarrassment, pain and suffering and has and/or will incur medical, hospital and/or psychiatric expenses in connection therewith. The injuries and damages sustained by plaintiff resulted solely from the conduct, negligence, carelessness and recklessness of all defendants, and was due in no manner whatsoever to any act or failure to act on the part of plaintiff.”
For counts of federal civil rights violations, assault and battery, excessive force and negligence, the plaintiff is seeking compensatory damages exceeding $75,000, damages for pain and suffering, punitive damages, attorney’s fees, costs and such other relief that the Court considers to be fair and equitable.
The plaintiff is represented by Jerry A. Lindheim of van der Veen Hartshorn & Levin, in Philadelphia.
The defendants have not yet obtained legal counsel.
U.S. District Court for the Middle District of Pennsylvania case 3:23-cv-00188
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com