SCRANTON – The Borough of Nesquehoning and its police chief have denied causing serious injuries to a local woman when serving a warrant at her apartment.
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 said.
“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 added 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 stated.
“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.”
UPDATE
The defendants answered the complaint on April 13, uniformly denying each of the plaintiff’s allegations and asserting 26 separate affirmative defenses against her.
“The complaint and each cause of action therein, fails to set forth sufficient facts upon which relief may be granted. Answering defendants assert every defense available to them in the existing Civil Rights Act, 42 U.S.C. Section 1983. Answering defendants’ actions did not violate plaintiff’s civil rights not any purported violations of her Fourth or Fourteenth Amendment Rights; nor any rights under state or federal law. At all times material to this litigation, answering defendants acted in a manner which was proper, reasonable and lawful in an exercise of good faith. At all times material to this litigation, plaintiff was treated in a proper and lawful manner by answering defendants in accordance with the laws of this Commonwealth and the United States Constitution. Plaintiff fails to state a claim pursuant to 42 U.S.C. Section 1983 upon which relief can be granted. Answering defendant Borough of Nesquehoning is immune from the imposition of punitive damages,” the defenses stated, in part.
“Plaintiff failed to set forth sufficient facts against defendant Sean T. Smith for the imposition of punitive damages against the answering defendants; nor do the claims arise to the level sufficient for the imposition of punitive damages. At no time material hereto did answering defendants act in willful, wanton, reckless or malicious manner. Answering defendants Sean T. Smith are entitled to the defense of qualified immunity. If plaintiff suffered any damages as alleged, then such damages were caused by plaintiff’s own willful and malicious conduct and/or negligent, reckless, intentional and/or criminal conduct and not by any conduct of answering defendants. Answering defendants’ actions did not constitute an assault and/or battery upon plaintiff. Answering defendants assert all the defenses, immunities and limitations of damages available to them pursuant to the Political Subdivision Tort Claims Act as to all state law claims. Answering defendants are entitled to official immunity pursuant to the Political Subdivision Tort Claims Act as to all state law claims.”
The defendants argued that the plaintiff’s complaint failed to plead or prove a legitimate, sufficient and/or viable claim against the Borough of Nesquehoning regarding an official policy or custom.
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 are represented by Andrew M. Rongaus and Paul Verduci of Siana Law, in Chester Springs.
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