Recently filed lawsuits in Pennsylvania courts include a wrongful death case over a shooting at a high school football game and a suit against Robinson Township over a fatal shooting by one of its police officers.
#1 – Meredith Elizalde v. School District of Philadelphia – Wrongful Death
Teen killed in shooting at Roxborough High football scrimmage
This case is brought by the mother of Nicolas Elizalde, a 14-year-old boy who was killed during a shooting after a high school football scrimmage on Sept. 27, 2022, at Roxborough High School in Philadelphia.
“Nicolas Elizalde and a group of other student athletes and spectators began to walk from the football stadium back to Roxborough High School, unsupervised and as directed by the defendant, when five gunmen opened fire on them. Upon information and belief, the target of the shooting was a spectator who had attended the scrimmage and left the stadium at Gorgas Park around the same time as Nicolas Elizalde and the other student athletes who were caught in the crossfire. At no time during the several minutes the shooters sat in their vehicle waiting to begin the ambush, nor after the shooting began, did the shooters encounter any security, law enforcement or District personnel, because none were in the area,” the suit says.
“The defendants knew or should have known of the criminal activity that occurred within close proximity of Roxborough High School prior to the incident and taken proper precautions to prevent and/or deter criminal activity and injury to students on school grounds. Despite the numerous incidents of violent and weapons-related crime committed in the area surrounding Roxborough High School, defendants failed to establish policies to protect students like Nicolas Elizalde from harm.”
The suit seeks judgment against the District, in excess of $150,000, exclusive of interest and costs, the sum of which includes all damages recoverable.
#2 – The Estate of Brian Edward Fisher v. City of Pittsburgh Et.Al – Wrongful Death
Man killed in shooting by Robinson Township police officer
This case is brought by the sister of Brian Edward Fisher, a man who was killed during a shooting on Sept. 1, 2022 in his apartment doorway by a member of the Robinson Township Police Department, who alleged that he fired his weapon in self-defense.
“On or about Sept. 1, 2022, Robinson Township Police Department received a call from the mother of an adult individual named Leah Hess. Ms. Hess’ mother informed the police that she had not seen her daughter in about 24 hours. Upon information and belief, Ms. Hess’ mother did not inform the police that Ms. Hess was in any sort of imminent danger or that she had reason to believe that she was in any sort of imminent danger,” the suit states.
“Upon and information and belief, after receiving the call from Ms. Hess’ mother, Robinson Township Police Office Joseph Tomko was dispatched to determine the location and whereabouts of Ms. Hess. No formal missing person report was ever filed with respect to Ms. Hess. Upon information and belief, Officer Tomko subsequently determined that Ms. Hess may have been lawfully present at a house located at 1468 Rydal Street, Pittsburgh, Pennsylvania and that she may have been at that location with an adult male individual. At this time, Officer Tomko had no reason to suspect or believe that Ms. Hess, an adult individual, was in any danger.”
When Officer Tomko and fellow Officer Jordan Price arrived to the residence, they knocked loudly but allegedly did not announce themselves as police – when the decedent opened the door, Officer Price fired three shots at him within three seconds of opening the door, mortally wounding him. Officer Price says he saw a firearm in the decedent’s right hand, as he opened the door.
The suit adds “Officer Price’s body camera confirms that he could not have seen a firearm in the hand of the decedent prior to discharging his weapon and using lethal force.”
The suit seeks judgment against the police officers, the City of Pittsburgh, its Bureau of Police, Robinson Township and its Police Department, plus damages for medical expenses, funeral expenses, lost wages, pain and suffering, property damage, loss of consortium and legal fees, in an amount in excess of jurisdictional limits of this Honorable Court together with interest.
#3 – Jeanette Luchetta v. Schuylkill County Et.Al – Wrongful Death
Man’s suicide while in custody at Schuylkill County Prison not prevented
This case is brought by the estate of Ralph Luchetta, who died by suicide on Nov. 23, 2022, while in custody at Schuylkill County Prison in Pottstown.
“Mr. Luchetta had a years-long documented history of suicide attempts while in custody at various prisons, including but not limited to, Schuylkill County. Further, the individual medical defendants never drew up an overall mental health treatment plan for Mr. Luchetta; instead, they treated him day by day, preventing him from getting real, continuous and meaningful mental health care,” the suit says.
“Immediately upon intake to Schuylkill County Prison on May 31, 2022, Mr. Luchetta disclosed to defendant Joshua Lehman that he tried to commit suicide by hanging. However, Mr. Luchetta claimed at that time that he did not have active suicidal ideation. On June 1, 2022, Mr. Luchetta was again interviewed about his psychiatric history by defendant Alyssa Hysock where he disclosed that he tried to commit suicide on multiple occasions.”
According to the suit, each of the defendants negligently contributed to Mr. Luchetta not receiving the vital medical and psychiatric care he needed, prior to his death in November 2022.
The suit seeks judgment against the defendants, including punitive damages, jointly and severally, in excess of $150,000, and in excess of local arbitration limits, exclusive of interests and costs.
#4 – Noel Matos Montalvo v. City of York Et.Al – Deprivation of Liberty
Man incarcerated for 20 years in connection with sister-in-law’s murder, but later exonerated of all charges
This case is brought by Noel Matos Montalvo, who was convicted and sentenced to death in 2003, in connection with the 1998 murder of his de facto sister-in-law Miriam Ascensio and her new boyfriend Nelson Lugo, by Noel’s brother, Milton.
“In 1998, plaintiff’s brother, Milton, killed his longtime common-law wife. Plaintiff, Noel Matos Montalvo, was not involved in the killing. However, based on a coerced statement from one witness, plaintiff was convicted and sentenced to death for taking part in the killing. Later, in December 2023, plaintiff was exonerated of the killing and pled guilty to one count of tampering with evidence as a misdemeanor of the first degree. Plaintiff was in custody for the entire time period, giving rise to the instant matter,” the suit states.
“The statutory maximum on tampering with evidence as a misdemeanor of the first degree is five years; accordingly, plaintiff seeks damages for the amount of time he was incarcerated over five years. City of York Detectives Camacho, Daniels and Doe violated plaintiff’s constitutional rights, which caused plaintiff to wrongly serve decades in prison on Pennsylvania’s death row. Plaintiff brings this action under 42 U.S.C. Section 1983 seeking redress for the extraordinary misconduct of defendants.”
The suit seeks judgment against the defendants in excess of $150,000 in compensatory damages, punitive damages against all defendants except municipal defendants, delay damages, attorney’s fees, and allowable costs of suit and brings this action to recover same.
#5 – T.M. & S.M. v. East Stroudsburg School District Et.Al – Due Process Violation
Non-verbal autistic child assaulted multiple times on school bus by fellow student
This case is brought by T.M. and S.M., the parents of minor J.M., who was assaulted on an East Stroudsburg Area School District (ESASD) school bus on multiple occasions, by a fellow student.
“This complaint depicts a scandal consisting of the physical and emotional abuse of a severely non-verbal autistic child, inflicted by another student with documented behavioral issues during a series of brutal, violent, bloody and horrific assaults that occurred on an ESASD school bus while the students were being transported by an ESASD employee, defendant Rudolph Parciasepe, who permitted the abuse to occur and whose abhorrent and reckless conduct during the course and scope of his employment duties with ESASD consisted of knowingly observing the violent assaults as they were occurring, deliberately failing to intervene and permitting them to continue unabated while a helpless, non-verbal autistic child was savagely beaten while he was restrained in his school bus seat,” the suit says.
“Minor plaintiff J.M. was born on Nov. 7, 2015, and is currently eight years old. At the time of the events outlined below, minor plaintiff was six years old. Minor plaintiff has been diagnosed with severe developmental and cognitive disabilities and special needs including autism spectrum disorder, non-verbal autism and severe intellectual disability. As a result of his diagnosed disabilities and disorders, minor plaintiff J.M. is not able to verbally communicate.”
The suit goes on to detail how J.M. was beaten by another student while a passenger on the bus coming to and from school, on two occasions in March and April 2022 – and that school authorities failed to protect him from these assaults.
The suit seeks judgment against the defendants, jointly and severally, in excess of $50,000 and any other such relief as the Court deems appropriate.
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com