ALLENTOWN – A Lehigh County woman claims that in response to a wellness check call initiated by a friend, several officers from the Upper Saucon Township Police Department responded with an improper seizure, assault and false arrest.
Nicole Ciaccio of Coopersburg filed suit in the U.S. District Court for the Eastern District of Pennsylvania on July 27 versus Upper Saucon Township, its Police Chief Thomas Nicolette, its Police Lieutenant “FNU” Fritz, its Police Officer Alonzo Doe and its Police Officer Hank Roe, all of Upper Saucon Township.
“This is an action for an award of damages, declaratory and injunctive relief, attorney’s fees and other relief on behalf of Nicole Ciaccio, who was seized when Upper Saucon Police Officers ‘Alonzo Doe’ and ‘Hank Roe’ barricaded her in her home by blocking the front door; and later under the aegis of defendant Chief Thomas Nicoletti, having other officers surround the home to prevent her from leaving by other means. Defendant officers later physically seized her by violently dragging her out of her front door and holding her in restraints on her front stoop, wearing only a T-Shirt and thin leggings in cold February weather,” the suit says.
“Once Ms. Ciaccio was under restraint, defendant officers refused to release her until she agreed that they could enter the foyer of her home, and then searched the entire home and seized lawfully-owned property. Defendant officers and defendant Lieutenant Fritz thereafter transported her for a psychological evaluation without any cause or justification, resulting in her being seized for another 11 hours, during which no examination or evaluation was conducted, and after which she was released without any restriction.”
The suit adds that the police allegedly justified their actions through a policy on the books allowing them to conduct “wellness checks.”
“At the time that the defendants first seized her, they had no reasonable belief, and in fact had contrary information, that Ms. Ciaccio had committed any crime, nor was in need of any assistance. Rather, defendants have claimed that their actions were justified by a policy in place within the Upper Saucon Township Police that provided for ‘wellness checks.’ As set forth herein, however, the officers, and by their radio transmissions, Upper Saucon Township Police Department officials, including but not limited to, Chief Nicoletti and Lieutenant Fritz, knew prior to each escalating seizure of her person and property set forth herein that Ms. Ciaccio was not in need of assistance, and that the information claimed to justify the ‘wellness check’ was incorrect,” the suit states.
According to the suit, the situation began with Ciaccio incorrectly texting a friend that she had shot herself, causing the friend to call 911 and police to respond to Ciaccio’s home, leading to the confrontation described.
Despite quickly ascertaining the situation that Ciaccio was not in fact shot, the plaintiff alleges that the subsequent police response constituted an improper seizure of her person. Ciaccio further argues that at some point during the situation, her Ring video camera doorbell was obscured and prevented from recording the subject events, by the defendant officers.
For counts of violating the Second and Fourth Amendments to the U.S. Constitution, Monell liability, assault, false arrest and imprisonment, intentional infliction of emotional distress, the plaintiff is seeking compensatory damages for pain and suffering, physical and emotional distress, economic loss, time loss, severe emotional trauma, and such punitive damages as may be available under law, declaratory and injunctive relief declaring the above-described practices to be unlawful, and enjoining their past and continued effects, pre and post-judgment interest, costs of suit and attorney and expert witness fees as allowed by law, punitive damages under 42 U.S.C. Section 1983 and Pennsylvania Common Law, as allowed by law and such other relief as is deemed just and proper.
The plaintiff is represented by David Deratzian of Hahalis & Kounoupis, in Bethlehem.
The defendants have not yet obtained legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 5:23-cv-02863
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com