PITTSBURGH – Alongside a Monroeville detective, the City of Pittsburgh has argued that it was within its rights to search the plaintiffs’ residence for an attempted murder suspect – and where an unsuspecting family lived, who it was later learned had no connection to the suspect or his alleged crime.
Kelly Angell (individually and as parent and natural guardian of her children, K.R.M., K.M.A., I.C.M., C.C.A. and Sade Angell) and Derone Lewis first filed suit in the U.S. District Court for the Western District of Pennsylvania on July 12 versus the City of Pittsburgh, Pittsburgh Police Officer Stephen Mescan, Monroeville Detective James Monkelis, Commander John Doe No. 1, Negotiator John Doe No. 2 and Officer John Does 3-20.
According to the lawsuit, the Monroeville Borough Police Department utilized cell phone location data to determine that a teenage shooting suspect named Daronte Anthony Brown was in the area, and further determined that he was the alleged owner of a home on the 1100 block of Paulson Avenue in Pittsburgh.
However, the plaintiffs said Brown was never inside their home – which instead belonged to plaintiffs Angell, Lewis and Angell’s five children, one of whom is autistic.
After obtaining a warrant for the premises, a SWAT team appeared there on the morning on Jan. 22 and proceeded to raid the home, per the lawsuit. This involved breaking the home’s windows, destroying the plaintiffs’ furniture and clothes and even throwing tear gas grenades into the home.
About 20 SWAT team officers then allegedly broke down the home’s doors and converged inside, ordering Angell and her family members outside into the cold morning air as they searched the home.
The family claimed they were not permitted to put on additional clothes to protect them from the winter weather, as the SWAT team proceeded to raid their home for the next three hours.
The suit said that SWAT team officers bashed holes in the family’s walls, destroyed their furniture, smashed their televisions, ripped ventilation ducts from the walls and punctured air mattresses.
At the conclusion of the raid, it was determined that Brown was not and had not been on the premises after all. The suit adds that a Pittsburgh Bureau of Police official later came to the scene and confirmed to the plaintiffs that police should not have broken into their home.
According to the suit, though Pittsburgh and Monroeville police officials said repairs would be made to the family’s home, none have yet been attempted, let alone completed.
The litigation added the windows on the third floor of the house have not been repaired, and residue from the tear gas remains on the plaintiffs’ carpets, floors, furniture and walls.
Counsel for defendant Monkelis provided an answer along with affirmative defenses on Sept. 28, which maintained that the detective was pursuing an attempted murder suspect and had probable cause to search the premises in question.
“On Jan. 21, 2023, Detective James Monkelis was called out to assist in another investigation and then directed as assist in the shooting investigation and so at all times relevant, the detective was on duty and acting in the capacity of a Police Detective for the Monroeville Police Department. Monroeville Police received a 911 call of an injured person who had been shot at the Red Roof Inn in Monroeville. Responding officers arrived and located a juvenile female who had been shot. Monroeville Police Department Detectives were assigned to investigate the shooting. The shooting victim, as well as another juvenile female, advised the Monroeville Police that they made arrangements for two males to be brought by Uber from 1101 Paulson Avenue, in the City of Pittsburgh, to the Red Roof Inn,” the answer stated, in part.
“Sometime after the males arrived at the hotel, one of the males shot the 16-year-old victim because she refused to have sex with him. Responding officers provided medical care to the victim until medics arrived to transport her to the hospital. Subsequent investigation resulted in the Monroeville Police identifying Daronte Anthony Brown as a suspect in the shooting. Detective Monkelis prepared an application for a search warrant with an affidavit of probable cause to search 1101 Paulson Street in the City of Pittsburgh. Detectives obtained data from a cellular service that supported the belief that the suspect was at 1101 Paulson Street. Detective Monkelis also obtained an arrest warrant for Daronte Brown.”
Monkelis further maintained that he “was stationed on the perimeter a significant distance from the residence, and had no role in developing the plans for executing the warrant nor in executing the warrant at 1101 Paulson Street” and “acted with and pursuant to a bonafide good faith belief that his actions in investigating an attempted homicide were lawful, privileged, justified and in keeping with his proper duties as a police officer.”
“Detective Monkelis, at all times relevant to plaintiffs’ causes of action, was acting in good faith and with reasonable belief, both objective and subjective, that his actions were lawful and not in violation of the rights of plaintiffs under the Constitution and the laws of the United States. Detective Monkelis asserts that he is entitled to qualified immunity as articulated in Harlow v. Fitzgerald and subsequent decisions. At no time did Detective Monkelis violate clearly-established law and at all times concerned with this incident, Detective Monkelis acted in a manner which was proper, reasonable, lawful and in the exercise of good faith and, as such, enjoy not only qualified immunity but a right not to go to trial as articulated in Mitchell v. Forsyth and subsequent decisions,” the answer continued.
“Detective Monkelis prepared the search warrant for 1101 Paulson Street, City of Pittsburgh and presented the same to an issuing authority who reviewed the application and the affidavit and made an independent determination of the existence of probable cause to conduct the search and thereafter approved the warrant.”
UPDATE
On Oct. 25, the City of Pittsburgh also answered the case and argued that its officers had probable cause to enter and search the plaintiffs’ residence.
“SWAT members were appropriately executing a warrant for a shooting suspect named Daronte Brown based on information that was provided to them by the Monroeville Police Department and in accordance with a signed warrant. SWAT members were armed and attempted to use verbal commands to ascertain the location of Brown. Any remaining allegations not specifically admitted are denied, and City defendants demand strict proof thereof at trial,” the City’s answer stated, in part.
“SWAT members observed a man run upstairs when SWAT members first breached the residence at 1101 Paulson Avenue. Later, when Mr. Lewis talked with officers, he denied being the man who ran up the stairs. Mr. Lewis eventually admitted he did initially attempt to go upstairs, however Mr. Lewis’s initial denial of this fact led officers to believe that the individual they were looking for was still in the residence. By way of further response, City defendants lack sufficient knowledge or information to form a belief about the truth of the remainder of the allegations, and thus, the same are denied and strict proof thereof is demanded at trial.”
The City also provided nine affirmative defenses on its own behalf.
“Plaintiffs fail to state a claim upon which relief can be granted. Plaintiffs are not entitled to punitive damages. No act or failure to act on the part of Defendants the City of Pittsburgh and Mescan violated any of plaintiffs’ constitutional rights Plaintiffs’ claims are barred, in whole or in part, insofar as the City and defendant Mescan were not the proximate cause of any alleged injury or damage incurred by plaintiffs. Defendant Mescan is entitled to qualified immunity,” the defenses read.
“Plaintiffs’ claims are barred by the applicable statute of limitations. Plaintiffs have failed to mitigate any alleged injury and/or damages and is therefore barred from recovery. Defendants the City of Pittsburgh and Mescan assert all defenses available to them under the Civil Rights Act of 1871. Defendants City of Pittsburgh and Mescan assert that the Pennsylvania Political Subdivision Tort Claims Act serves as a bar to plaintiffs’ claims and asserts all defenses, immunities, and limitations of damages under that Act.”
For counts of invalid warrant/unlawful entry, excessive force, unlawful detention, failure to knock and announce, damage to property and property interests and concerted activity/failure to intervene, all in violation of the Fourth Amendment to the U.S. Constitution, the plaintiffs are seeking compensatory and/or punitive damages, costs and attorney’s fees and such other relief as this Court deems appropriate and/or equitable under the circumstances.
The plaintiffs are represented by Margaret Schuetz Coleman and Alexander B. Wright of O’Brien Coleman & Wright, in Pittsburgh.
The defendants are represented by Paul D. Krepps of Marshall Dennehey Warner Coleman & Goggin also in Pittsburgh, plus Hillary Weaver, Julie E. Koren and Kryisa Kubiak, of the City of Pittsburgh’s Law Department.
U.S. District Court for the Western District of Pennsylvania case 2:23-cv-01268
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com