ALLENTOWN – A Lehigh County woman alleges she suffered numerous physical injuries, as a result of a motor vehicle collision she says was caused by an Allentown police officer who operated their vehicle in a reckless fashion.
Jessica Rivera of Breinigsville filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Nov. 10 versus Allentown Police Officer Marissa Finn, Allentown Police Chief Charles Roca, former Allentown Mayor Ray O’Connell, the City of Allentown and an unknown number of John/Jane Does, all of Allentown.
“On Nov. 11, 2021, at approximately 10:46 a.m., plaintiff Rivera was the owner and operator of a motor vehicle that was proceeding in a westerly direction on Union Street in center city Allentown, Lehigh County, Pennsylvania. At or about that same time, defendant Finn was the operator and the only occupant of her police unit, traveling north on South 8th Street, and was reportedly responding, ‘lights and sirens’, to a dwelling fire. As Rivera approached the intersection of 8th and Union Streets, defendant Finn disregarded and proceeded directly through a steady red light at the intersection at no less than 35 miles per hour,” the suit states.
“Defendant Finn’s view to westbound traffic on Union Street was apparently at least partially obstructed, and she did not slow down and did not look for through traffic that had the green light. Defendant Finn also did not make sure that she could bring her vehicle to a stop, and created a danger for others lawfully proceeding pursuant to a green light on Union Street by and through her actions/inactions. Defendant Finn, suddenly and without concern for the danger she was creating for others lawfully traversing the intersection, intentionally and willfully caused her police vehicle to enter the intersection against the steady red light, and into the path of the vehicle which the plaintiff was driving, causing the vehicles to collide violently into one another.”
The suit continues that the defendant Finn’s actions were “wanton, willful, outrageous, reckless and intentional, and disregarded the obvious serious harm which would directly result from her unlawful and improper use of her police vehicle against the plaintiff.”
“The defendant’s conduct was intentional, willful, malicious, wanton and committed with a reckless disregard for the rights of the plaintiff, constituting reprehensible conduct not to be tolerated in a civilized society, subjecting her not only to the imposition of compensatory damages as claimed herein, but also to punitive/exemplary damages,” the suit says.
“Upon information and belief, defendant Finn’s dash camera captured a significant part of defendant Finn’s conduct as above described, making it clear both that Finn’s actions were reckless and intentional, and that they were committed knowing that plaintiff Rivera could not possibly avoid Finn’s sudden, speeding movement into the intersection, against the red light.”
As a result of the collision, Rivera says she suffered the following injuries: Closed head injury with concussion, abdominal wall contusion, facial contusions with swelling of the nose, left shoulder contusion, right index finger contusion, left hand bruising along the first metacarpal, back strain, whiplash injury to the neck, cervicalgia, cervical dysfunction, saccadic eye movement abnormality, visual disturbances, binocular vision insufficiency, convergence insufficiency, deficit of the vestibulo-occular reflex, intractable post-traumatic headaches, sleep pattern disturbance, communications deficit, memory difficulty, loss of balance and post-traumatic stress disorder.
Rivera maintains that Finn’s driving violated numerous provisions of the Pennsylvania Motor Vehicle Code and the Allentown Police Department’s own Policy Manual, as it relates to motor vehicle operation.
For counts of due process violations and state-created danger under the Fourteenth Amendment to the U.S. Constitution and 42 U.S.C. Section 1983, municipal liability and supervisory liability under 42 U.S.C. Section 1983, state law-negligence, gross negligence and negligence per se, Tort Claims Act liability, state law-vicarious liability and violations of the Pennsylvania Constitution, the plaintiff is seeking compensatory damages and punitive damages each in excess of $150,000, delay damages, interest, costs, expenses, attorney’s fees and any other damages deemed appropriate by the Court, plus declaratory and injunctive relief declaring the within-described conduct as unlawful and enjoining their present and continued employment and effects.
The plaintiff is represented by Jeffrey R. Lessin of Jeffrey R. Lessin & Associates, in Philadelphia.
The defendants have not yet obtained legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 5:23-cv-04424
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com