PHILADELPHIA – Chester-based defendants named in a wrongful death lawsuit surrounding the murder of an 18-month-old in foster care two years ago, are placing the sole blame and responsibility for the incident on a pair of individuals currently incarcerated for the child’s death on charges of first-degree murder.
Anthony Thomas Jr. (as Administrator of the Estate of Li’Aziah Thomas, deceased) of Marcus Hook first filed suit in the Delaware County Court of Common Pleas on Jan. 9 versus Emadaddin Algarf and Mahmoud Kneifati of Chester, the County of Delaware and John Does 1-3.
“At all times material and for an extended period of time prior to January 2021, Thomas and her half-siblings were under the supervision and control of the Delaware County Children and Youth Services (CYS) agency, a governmental entity administered, staffed and controlled by defendant Delaware County. Further, and at all times relevant and material hereto, defendants County of Delaware and/or John Doe(s) 1-3, failed to properly supervise, monitor and/or otherwise inspect the premises where plaintiff’s minor child Thomas was living under the care and/or custody of Kandie Meinhart and Maurice Rice. At all times relevant, defendants County of Delaware and/or John Doe(s) 1-3, knew that placement with Meinhart was inherently dangerous to Thomas,” the suit said.
“Defendants County of Delaware and/or John Doe(s) 1-3 previously removed Thomas from the custody of Meinhart prior to January 2021, but reinstated Thomas to the custody of Meinhart in the months prior to January 2021. Defendants County of Delaware and/or John Doe(s) l-3 reinstated custody, but did not perform necessary and required checks on the safety of Thomas. Defendants County of Delaware and/or John Doe(s) 1-3 did not conduct a proper check of the safety and background of all residents of 939-941 Pine Lane, where Meinhart and her children, including Thomas, lived with Rice.”
The suit added that the County of Delaware and/or John Doe defendants did not investigate the living arrangements between Meinhart and defendant owners to ensure that the location was safe and that all residents were screened for safety, did not conduct checks to determine that the living arrangements at 939-941 Pine Lane were appropriate for Thomas and failed to follow their own procedures and policies for monitoring Thomas, thereby endangering her and ultimately costing the decedent her life.
“Thomas was present at 939-941 Pine Lane in Chester, PA on Jan. 19, 2021 into the morning of Jan. 20, 2021. Meinhart and Rice were also present at the location during this time. On Jan. 20, 2021 at approximately 11 a.m., Emergency Medical Services (EMS) and police were called to the aforesaid premises at 939-941 Pine Lane in Chester, Pennsylvania to respond to a call regarding a child experiencing cardiac arrest. Upon arrival, EMS personnel found Thomas on the floor without a pulse, cold to the touch and in rigor mortis. Personnel also noted a contusion on Thomas’s back. After this initial observation, EMS personnel removed Thomas from the home due to the extreme, aggressive and agitated state of defendant Meinhart,” the suit stated.
“At 11:10 a.m. on Jan. 20, 2021 EMS personnel pronounced Thomas dead and contacted the Medical Examiner, who arrived at the scene. After Thomas was removed from the property at 939-941 Pine Lane to an area away from Meinhart and others at the property, personnel from the Delaware County Medical Examiner’s Office declared plaintiff’s child, Thomas, dead. The Delaware County Medical Examiner’s Office determined the cause of death was blunt force trauma with severe internal bleeding and organ damage, and the manner of death was homicide. An autopsy was performed on Thomas by the Delaware County Medical Examiner’s Office, under autopsy report 2021-0138.”
The Medical Examiner later determined that Thomas was a homicide victim and that the cause of her death was multiple blunt force injuries, including:
• Abrasions to the left forehead, left cheek and left upper lip;
• Multiple bruises to the back, buttocks and ribs, with attendant hemorrhages;
• A 6 cm laceration of the liver with extensive hemorrhaging in the abdomen, and;
• Bruising around the bowel.
Furthermore, the Medical Examiner determined that Thomas was dead at least four to five hours prior to the arrival of the police and EMS personnel.
“On or about June 29, 2021, Meinhart and Rice were taken into custody on homicide charges relating to the death of plaintiff’s child, Thomas. Meinhart is currently incarcerated and is awaiting trial on charges of murder in the first degree, murder in the third degree, conspiracy and other related charges in the Delaware County Court of Common Pleas,” the suit said.
“Rice is currently incarcerated and is awaiting trial on charges of murder in the first degree, murder in the third degree, conspiracy and other related charges in the Delaware County Court of Common Pleas. The death of plaintiff’s child was due in no manner whatsoever to any act or omission by the decedent or plaintiff Anthony Thomas Jr., her father.”
On Feb. 21, Delaware County filed to remove the case to the U.S. District Court for the Eastern District of Pennsylvania, due to the cited alleged civil rights violations under 42 U.S.C. Section 1983.
After an amended complaint was filed on March 10, Delaware County filed an answer to it on March 28.
“Plaintiff’s complaint fails to state a cause of action upon which relief can be granted. Plaintiff’s Monell claim against answering defendant must be dismissed because plaintiff has failed to allege a specific policy, custom or practice that was deliberately indifferent to and violative of plaintiff’s constitutional rights and failed to allege such action by a policy-maker. To the extent plaintiff’s claims are barred by the applicable statute of limitations, answering defendant claims same. Any injury or damage sustained by plaintiff was caused by the act of a third-party over whom answering defendant had no duty to control. No act or failure to act on the part of answering defendant violated any of plaintiff’s constitutional rights,” the answer stated, in part.
“At all times material hereto, plaintiff was afforded all of the rights, privileges and immunities granted pursuant to the Constitution and laws of the United States. At no time did answering defendant act in bad faith or in an unreasonable, extreme, willful, wonton, outlandish, outrageous and/or malicious manner. Answering defendant asserts the defense of absolute immunity as set forth in Ernst v. Children’s Social Services of Chester County, and all subsequent decisions, and therefore cannot be held liable in this case as a matter of law. To the extent that plaintiff’s claims are barred pursuant to a judicial determination, or by the doctrines of issue preclusion and/or claim preclusion, answering defendant claims same. Answering defendant asserts all defenses and limitations on damages pursuant to the Pennsylvania Political Subdivision Tort Claims Act.”
UPDATE
Defendants Algarf and Kneifati filed a third-party complaint against Meinhart and Davis on May 31, charging that the damages in this case “were caused solely and/or jointly by the intentional, reckless, negligent and/or careless actions and/or omissions of third-party defendants (Meinhart and Davis).”
“Meinhart and Davis acted intentionally, recklessly, negligently, and/or carelessly by assaulting and battering Li’Aziah Thomas. Li’Aziah Thomas did not consent to the offensive contact that was intentionally, recklessly, negligently, and/or carelessly initiated by Meinhart and Davis. Meinhart and Davis intended to intentionally, recklessly, negligently, and/or carelessly cause harm to Li’Aziah Thomas. The conduct of Meinhart and Davis was intentional, reckless, negligent, and/or careless and resulted in various damages sustained by Li’Aziah Thomas. Meinhart and Davis’s actions and/or omissions were the intervening and/or superseding cause of the damages alleged by plaintiff,” the third-party complaint stated.
“Meinhart and Davis’s negligence and carelessness consisted of: a) Assaulting and battering Li’Aziah Thomas; b) Failing to ensure that [they] would not make offensive contact with Li’Aziah Thomas; c) Failing to ensure that [they] would not harm Li’Aziah Thomas; d) Failing to ensure that [they] would not make offensive contact with Li’Aziah Thomas; e) Failing to ensure that [they] would not harm Li’Aziah Thomas.”
Algarf and Kneifati posit claims of assault and battery, negligence and indemnification and contribution against both Meinhart and Davis.
For multiple counts of negligence, survival, wrongful death and violation of civil rights under 42 U.S.C. Section 1983, the plaintiff is seeking damages in excess of $50,000, plus interest and other relief which the Court may deem appropriate.
The plaintiff is represented by Jared S. Zafran and Andrew J. Thomson of the Law Office of Jared S. Zafran, in Philadelphia.
The defendants are represented by Andrew J. Spaulding of Fowler Hirtzel McNulty & Spaulding, Samuel A. Garson of H. Rosen Law, plus John P. Gonzales and Jahlee Hatchett of Marshall Dennehey Warner Coleman & Goggin, also all in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 2:23-cv-00660
Delaware County Court of Common Pleas case CV-2023-000183
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com