SCRANTON – A local woman alleges that West Penn Township’s police chief used excessive force and assaulted her, when serving a warrant for her arrest more than one year ago.
Rachel Ross filed suit in the U.S. District Court for the Middle District of Pennsylvania on Sept. 6 versus West Penn Township and its Chief of Police, James Bonner.
“On or about June 28, 2022, defendant Bonner, while working at the Department, served a 302 warrant for plaintiff at 5 Chain Circle in New Ringgold, Pennsylvania. Defendant Bonner entered the residence without knocking or announcing that he was a police officer or that he had a warrant,” the suit says.
“Defendant Bonner immediately and aggressively approached plaintiff, attacking her in a manner that was inconsistent with, unnecessary to and not in furtherance of, effectuating an unlawful arrest. In so doing, he violently picked plaintiff up and slammed her on the ground.”
The suit adds that the plaintiff had taken no aggressive action toward defendant Bonner and offered no resistance which would have justified defendant Bonner’s actions – but despite that, the suit explains the plaintiff suffered a compression fracture of her L1 vertebrae and severe bruising.
“Prior to this assault upon plaintiff, defendant Bonner had been subjected to numerous excessive force complaints and had continued to be employed by the state police, despite all of the same and despite the fact that defendant Township’s policymakers knew of the danger he posed to the public. Defendant Township and its policymakers were supervisors of defendant Bonner, with the power to terminate him and/or restrict his duties. Defendant Township and its policymakers knew of defendant Bonner’s violent propensities and past incidents of excessive force,” the suit states.
“Despite this knowledge, defendant Township and its policymakers continued to employ defendant Bonner as Chief of Police and continued to allow him to act in the field and interact with members of the public, to whom they knew he posed a risk. The actions of all defendants were undertaken knowingly, intentionally, negligently, recklessly, maliciously and/or with reckless disregard for defendant’s safety. The actions of all defendants were undertaken in the absence of any valid legal basis.”
For counts of Monell liability, excessive force, assault and battery, the plaintiff is seeking unspecified damages.
The plaintiff is represented by Curt M. Parkins and Matthew Thomas Comerford of Comerford Law, in Scranton.
The defendants have not yet secured legal counsel.
U.S. District Court for the Middle District of Pennsylvania case 3:23-cv-01467
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com