PHILADELPHIA – Marple Township and several of its police officers look to dismiss unnecessary and unserved parties and what it calls improper relief, in civil rights litigation brought by the estate of a man left at a bus stop while in an intoxicated state by Township police officers, and who was then killed by a passing vehicle shortly thereafter two years ago.
Vonda Pearson (as Administratrix of the Estate of Cornell D. Pearson) of Philadelphia first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Nov. 12 versus Marple Township, Marple Township Police Department, Chief Brandon M. Graeff, Lt. Frank Hannigan, Lt. Sean Hannigan, Officers David Lerro, Raymond Stiles and Morgan Ditmer, Det. Joseph McGettigan, Sgt. Nicholas P. Coffins (each individually and in their official capacities as members of the Marple Township Police Department), John Does 1-15 and Jane Does 1-5.
“On the evening of Nov. 13, 2021 at 7:21 p.m., Marple Township Police Officers Stiles Lerro and Ditmer, were dispatched to Marshall’s at 400 S. State Road, for the suspicious person call of a Black male looking into vehicles in the parking lot. Upon arrival they encountered Cornell D. Pearson, who was visibly intoxicated, waiting in the Marshall’s parking lot for his girlfriend to finish working her shift at Marshall’s that evening. There is no indication in the incident report that any sobriety testing was done with Mr. Pearson. There is no indication in the incident report that Mr. Pearson was being arrested for any reason,” the suit stated.
“Officers Stiles Lerro and Ditmer would not permit Mr. Pearson to stay in the Marshall’s parking lot and wait for his girlfriend as intended, so Mr. Pearson requested a ride to his home in Philadelphia. Officers Stiles Lerro and Ditmer declined to take Mr. Pearson home. Though Mr. Pearson was not being arrested or detained, he was transported by Officer Lerro, with the direction and/or approval of Officer Stiles, to the bus station on West Chester Pike and Sproul Road, so that he could then get a second bus to 69th Street [Station in Upper Darby] that would then take him to Philadelphia. Officers Stiles, Lerro and Ditmer knew that Mr. Pearson was visibly intoxicated.”
The suit continued that dashboard camera audio of the transport showed Mr. Pearson is slurring, mumbling and speaking incoherently, repeatedly asking Officer Lerro where he was taking him, that he wanted to go home to Philadelphia and that his girlfriend was going to be mad that he was not waiting for her at the Marshall’s parking lot.
“Despite Mr. Pearson’s highly-intoxicated and vulnerable condition, Officer Lerro left him at a bus stop in the middle of West Chester Pike, a busy, 40-mile-per-hour [speed limit], four-lane highway separated by a grass median, on a cold, dark evening in November. Officer Lerro left Mr. Pearson at the bus station at 7:59 p.m. and began to pull away. Officer Lerro was barely a couple of blocks away when he heard ‘a loud thud behind’ his vehicle at 8:06 p.m., less than seven minutes after leaving Mr. Pearson at the bus station. Officer Lerro made a U-Turn and observed Mr. Pearson face down on the grass median, unresponsive. The loud thud Officer Lerro heard was Mr. Pearson being fatally struck by an SUV as he attempted to cross West Chester Pike,” the suit said.
“Mr. Pearson was transported by EMS to Lankenau Hospital in critical condition and pronounced dead at 8:59 p.m. The toxicology report established that Mr. Pearson had a blood alcohol concentration level of .238 at the time of his death, almost three times the legal limit of .08 permitted for driving while under the influence. Officers Stiles, Lerro and Ditmer knew that Mr. Pearson was highly-intoxicated and recklessly left him at a bus station in the middle of a major, four-lane highway with a 40-mile-per-hour speed limit, separated by a median, knowing he would be more likely to step into the roadway and be fatally struck and killed, than someone who was not in his intoxicated state. The training programs for handling intoxicated persons at Marple Township and Marple Township Police Department, created and enforced by Chief Graeff, Lieutenant Frank Hannigan, Lieutenant Sean Hannigan, Detective McGettigan, and Sergeant Coffin, were inadequate. Defendants were deliberately indifferent to the inadequacy of the training programs for handling intoxicated persons, which caused the indifference of Police Officers Stiles, Lerro and Ditmer to Mr. Pearson’s intoxication and need for assistance, resulting in his horrific and untimely death at 56 years old.”
UPDATE
In a Dec. 20 motion to dismiss elements of the complaint, the defendants countered that facts were only alleged against Officer Lerro, and not the defendant officers.
“Pearson’s claims are based on the actions of Officer David Lerro and Lerro alone. The plaintiff fails to aver action by any other officer on the scene; instead, plaintiff included in this complaint every single supervisor in the police department. In the case at bar, the plaintiff has failed to state any action at the scene by any defendant other than Lerro. Plaintiff sued multiple defendant police officers. Most serve Marple in a supervisory capacity (Chief Graeff; Lt. Frank Hannigan; Lt. Sean Hannigan; Sgt. Coffin; Det. McGettigan). Two are police officers were in the vicinity of the events underlying the complaint, but no actionable conduct is attributed to them (Stiles and Ditmer). The individual defendants are sued in both their individual and official capacities. They must each be dismissed in their individual capacities, as they did not take any action on the night in question that could be considered a violation of the Constitution (and in fact most were not even present). The claim against these defendants in their official capacities must be dismissed as such claims are duplicative of the suit against the municipality. The claim against the Marple Township Police Department should be dismissed as the department is simply a branch or agency of the Township. It is not a stand-alone governmental agency under Pennsylvania law. That will leave Officer Lerro and Marple Township as the remaining defendants in this case,” the motion stated.
“While most of the defendants have been properly served, two defendants were not: Morgan Ditmer was a police officer, but she is no longer. She is now a full time, stay-at-home mother. Service was attempted by leaving a copy of the complaint and summons at the Township building. This attempt at service at the Township does not conform to the rules (service at residence or regular place of business). The second is David Lerro, who now resides in Florida. No service has been completed on him. Plaintiff also demands numerous types of damages. Two of those damage requests should be dismissed. First, the claim for punitive damages must be dismissed. Punitive damages are not recoverable against a municipal entity under federal or state law. Second, the claim for ‘injunctive relief to correct government procedure’ must be dismissed. There is no count for injunctive relief and thus any claim for such relief is misplaced. If monetary damages are warranted, such can be awarded consistent with the law.”
For a count of civil rights deprivation under the Civil Rights Act of 1871, the plaintiff is seeking compensatory damages, nominal damages, punitive damages, attorney’s fees, costs and expenses related to this action, injunctive relief to correct government procedure to prevent future injury and all such other relief as the Court deems just.
The plaintiff is represented by Joseph L. Messa Jr. and Alaina A. Gregorio of Messa & Associates, in Philadelphia.
The defendants are represented by Andrew J. Bellwoar of Bellwoar Kelly, in West Chester.
U.S. District Court for the Eastern District of Pennsylvania case 2:23-cv-04444
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com