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PENNSYLVANIA RECORD

Saturday, November 2, 2024

Hey PA: 5 new cases to know, including four killed in police chase

Lawsuits
Webp roundupart

The scene of the crash | From the complaint

A fatal car chase, a creep at Burlington Coat Factory and a neighborhood fracas are among recently filed cases of interest in Pennsylvania.

Octavia Motley, et al., v. Jason Eckman and Daniel Sgambato

U.S. District Court for the Eastern District of Pennsylvania, Oct. 29

Two state troopers face a civil rights and wrongful death case over their pursuit of minors who had driven to the Shoppes at Brinton Lake in Delaware County. State troopers said they were suspected of shoplifting, but the suit says they were in the parking lot looking for personal items misplaced during the drive there.

The driver fled an attempted traffic stop, though plaintiffs in the case urged him to pull over. This all occurred during rush hour on a weekday in April. 

The suit blames the troopers for continuing to pursue the vehicle at high speed even though they had its license plate number and could identify the driver to arrest him later. Ultimately, the car crashed into a concrete barrier and caught fire.

Four people in the car died, including a girl who was six months pregnant. David Inscho of Kline & Specter represents the plaintiffs.

A.M., et al., v. Burlington Coat Factory, et al.

Philadelphia County Court of Common Pleas, Sept. 18

This case, which has since been removed to federal court, concerns the Burlington Coat Factory in the Cottman and Castor Shopping Center in Philadelphia.

The suit is brought on behalf of a minor identified at A.M. who visited the store on Feb. 12 with her mother.

"(A) man approached A.M. and masturbated in front of her, with his pants down and his penis and testicles in full view," the suit says. "The perp stared directly at A.M., a girl who was 12 years old at the time, while sexually pleasuring himself."

Video footage showed he had been doing this while following the two for about 20 minutes, though no employee ever bothered to stop him, the suit says. It calls the store's actions "reckless indifference."

Kira Nagle, et al., v. Pottsville Area School District, et al.

U.S. District Court for the Middle District of Pennsylvania, Oct. 21

Several Gillingham Charter School plaintiffs are suing over their exclusion from the Schuylkill County Regional College Fair on Oct. 3, even though they were initially invited to attend by Pottsville schools.

The fair took place at the Pottsville Middle School gym, where the plaintiffs say they were first refused entry and unable to learn about higher education opportunities. Superintendent Sarah Yoder and guidance counselor Kayla Peters are named as defendants.

"(I)ncredibly, Defendant Yoder and Defendant Peters directed the other public school student attendees and college/university representatives to leave and vacate the Martz Hall gymnasium floor and wait in the upper-lobby bleachers that overlooked the College Fair, while Plaintiffs walked around and viewed the unattended booths/tables alone and by themselves," the suit says.

"Defendant Yoder also immediately called the police, threatened to have Plaintiffs arrested, threatened to seize Plaintiffs' cell phones for attempting to film their encounter... and unlawfully detained Plaintiffs."

The suit says it is part of a pattern of bullying of Gillingham through the years. The suit alleges violations of the First Amendment, among other claims.

The incident was reported by the Republican Herald.

Jafet Lopez v. Allentown School District

U.S. District Court for the Eastern District of Pennsylvania, Oct. 23

Lopez was hired by Allentown schools in April 2022 to teach English as a second language at William Allen High School, but he says the long distances he was forced to walk aggravated his arthritis.

He requested accommodations under the Americans with Disabilities Act, like leaving the school's Annex building a minute or two before students leave to avoid foot traffic that forms.

This request was never granted, causing him to have to take Family and Medical Leave Act time off, the suit says. He says he was eventually forced to resign and is now suing under the ADA.

Mark Stefanik v. Ohio Township Police Department, et al.

Allegheny County Court of Common Pleas, Oct. 22

Stefanik says he was harassed by a group of teens who had targeted his house in Pittsburgh during a party in his neighborhood for the Avonworth Middle School Football Team.

Eventually, the suit says he grabbed one of them by the hood of her sweatshirt and tried to direct her back to the party. This made the situation worse and kids reported back to their parents at the party that he had strangled her, the suit says.

The girl's father decided to press charges, which led to counts of terroristic threats with intent to terrorize another, simple assault, strangulation and harassment.

Ultimately, Stefanik was found not guilty but had to incur $15,000 in legal fees, he says, plus about $100,000 in lost wages from time spent defending himself. Ohio Township Police Department is charged with abuse of process, while defendant-parents Stefanik said were drinking alcohol face a count of negligent supervision, among others.

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