Preston Johnston has filed a civil rights complaint against the Allegheny County Sheriff’s Office and three of its deputies, Carlos Jativa, Mark Zimmerman, and Richard Manning. The complaint was filed in the United States District Court for the Western District of Pennsylvania on May 24, 2024.
According to the complaint, Johnston alleges that his constitutional rights were violated during an incident on May 25, 2023. On that day, Johnston was operating his recording studio at 1219 Faulkner Street in Pittsburgh when Deputy Jativa and other sheriff deputies arrived at the location while searching for a fugitive named Anthony Gibson. The deputies had received an anonymous tip that Gibson might be recording music on the same block but had no specific information linking Johnston to Gibson.
The complaint details how Deputy Jativa and other deputies surrounded Johnston's studio and knocked on his door. Upon answering, Johnston denied knowing Gibson even after being shown a photograph of him by Deputy Jativa. Despite this denial and without a search warrant or probable cause narrative within their arrest warrant for Gibson, Deputy Jativa entered Johnston's residence under disputed consent claims. According to Johnston, he demanded to see a search warrant but was told by Jativa that they only had an arrest warrant for Gibson.
Johnston asserts that during the search, which he did not consent to, the deputies found Gibson inside the residence. Subsequently, Johnston attempted to record the interaction with his phone but was ordered by deputies to put it down. He then called 911 to document the incident further. Following these events, Deputy Jativa arrested Johnston and charged him with hindering apprehension—a charge that was later withdrawn by the Commonwealth of Pennsylvania.
Johnston’s lawsuit includes multiple counts: unlawful search and seizure in violation of the Fourth Amendment; malicious prosecution; false imprisonment; failure to properly train, supervise, and discipline under Monell liability; violation of freedom of speech under the First Amendment; as well as state law claims for malicious prosecution and false imprisonment. In each count, he describes suffering from loss of reputation, mental anguish, embarrassment, humiliation, degradation, emotional pain and suffering due to spending a night in jail.
Johnston seeks compensatory damages for his alleged losses along with punitive damages against all defendants involved. He also requests attorney fees plus costs associated with this action.
Representing Preston Johnston is Aaron Sontz from Aaron Sontz Legal Services P.C., while presiding over this case is Judge Patricia L. Dodge under Case ID 2:24-cv-00770-PLD.