IN UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA, CIVIL DIVISION RICHARD ALLEN MILLER, KASANDARA MCINTIRE, and, BM., Civil Action No.: Plaintiffs, Johnstown vs, CITY OF JOHNSTOWN, EAST TAYLOR TOWNSHIP, and EAST CONEMAUGH BOROUGH, JURY TRIAL DEMANDED Defendants. pa ae lc a aR COMPLAINT IN CIVIL ACTION I. INTRODUCTION This action is brought on behalf of the Plaintiffs, Richard Allen Miller, an individual, Kasandara Melntire, an individual, and B.M., a minor, residents of Cambria County, Pennsylvania, arising from an incident that occurred on or about July 23, 2016. On or about July 23, 2016, individual police officers (whose names to this point remain unknown to the Plaintiffs) from the Johnstown Police Department, East Taylor Township Police Department, East Conemaugh Borough Police Department, and perhaps other local municipal police departments heretofore unnamed and unknown to the Plaintiffs, received information that a 63 year-old ‘woman had been assaulted with a knife and was seriously injured. ‘The assault victim, whose identity is at this point unknown to the Plaintiffs, told police that her attacker was an individual named Richard Miller. Police officers ran a records check for the name “Richard Miller” which returned numerous results, among which appeared the information for Plaintiff Richard Allen Miller. Acting upon this information, Defendants, and perhaps other local municipal policedepartments heretofore unnamed and unknown to the Plaintiff, effectuated a felony arrest of Plaintiff Richard Allen Miller outside of his mother's home located «i. Johnstown, Pennsylvania Siig they drew their weapons on Plaintiff Miller, ordered him on the ground, handcuffed him, provided him with his Miranda warnings, questioned him, loaded him in the back of a police cruiser, and drove him to the East Taylor Township Police Department for interrogation, The arrest was made in plain view of Plaintiff Kasandara McIntire (Plaintift Miller's significant other), B.M. (Plaintiff Miller's juvenile son), and others who were on Plaintiff Miller's mother’s front porch at the time of the arrest, until they were ordered inside of the residence with the following words, “get thefjjjinside or you'll be arrested, too.” Once at the East Taylor Township police station, Plaintiff Miller remained handcuffed in a locked room, ‘was subjected to interrogation, and detained for approximately 5 hours, until the victim recovered from surgery, was shown a photograph of Plaintiff Miller, and indicated that he was not the individual who had assaulted her, Plaintiff Richard Miller was then finally permitted to call fora ride home and was released to Plaintiff Kasandara McIntire, The total time he was subject to police detention and arrest totaled approximately seven hours, from 3:00 p.m. to 10:00 pam. Plaintiffs in this civil action seek to recover damages pursuant to 42 U.S.C. § 1983 for violations of their Civil Rights, for common law false arrest and false imprisonment, and for negligent infliction of emotional distress, asthe felony arrest of Plaintiff Miller was made without probable cause and therefore constituted a violation of Plaintiff Miller's Civil Rights and a false attest and false imprisonment, and was made in view of Plaintiffs MeIntire and BM. resulting in emotional distress to each,‘The police officers, whose individual identities are at this time unknown to the Plaintiffs, were acting individually, as agents, servants, and/or employees of theit individual police departments, and collectively in concert to deny Plaintiff Miller of his Civil Rights and to inflict emotional distress upon Plaintifs Kesandara McIntire and BM. ‘This lawsuit further contends that the actions of the individual police officers do not constitute an isolated incident, but rather a pervasive custom, practice and/or policy of the officers and their respective police departments to improperly wield their police authority and deprive private citizens of their Civil Rights. This action contends that the Defendant police officers and their respective police departments violated Plaintiff Richard Miller’s right to be free from unreasonable searches and seigures as guaranteed by the Fourth Amendment and as made applicable to the States through the Due Process and Equal Protection clause of the Fourteenth Amendment and deprived him of, his liberty as made actionable against the Defendants vis-a-vis the Civil Rights Act of 1971 as codified and amended at 42 U.S.C. § 1983, Plaintiffs Richard Miller, Kasandara MeIntire, and B.M.'s related state common law claims are cognizable and actionable by and before this Honorable Court based upon this Court’s pendent jurisdiction over such claims pursuant to 28 U.S.C. § 1331 I, JURISDICTION AND VENUE 1. Plaintiff Richard Allen Miller alleges violations of his Constitutional right to remain free from unreasonable seizures as guaranteed by the Fourth Amendment and as made applicable to the States through the Due Process and Equal Protection clauses of the Fourteenth Amendment,2. This Court has jurisdiction over such actions pursuant to the Civil Rights Act of 1871, as amended at 42 U.S.C. § 1983. 3. Federal question jurisdiction, that is, “civil actions arising under the Constitution, laws, or treaties of the United States” is vested with this Court pursuant to 28 U.S.C. § 1331 4, Jurisdiction over Plaintiffs Kasandara McIntire’s and B.M.’s claims for negligent infliction of emotional distress, pendent state claims, is vested with this Court pursuant to 28 USC. § 1367. 5. Venue is proper in this district under 28 U.S.C. § 1391(b) on the grounds that some or all of the conduct giving rise to this Complaint occurred within this district and/or some or all of the Defendants reside or have their principal place of business within the Western District of Pennsylvania, ML, PARTIES A. Plaintifis 4, Plaintiff Richard Allen Miller is an adult individual who resides aS Johnstown, Pennsytvania 5. Plaintiff Kasandare McIntire is an adult individual who resides at Samana, Johnstown, Pennsylvania 6, Plaintiff B.M., is a minor child of Plaintiff Richard Allen Miller. B. Defendants 7. The Defendant, CITY OF JOHNSTOWN, is a city within the Commonwealth of Pennsylvania, which, at all times relevant hereto was authorized to, and operated a police department, with its principal offices located at 401 Main Street, City Hall, Room #102, Johnstown, Pennsylvania, 15901. Defendant CITY OF JOHNSTOWN acted by and through itsduly authorized agents and employees who were, at all times relevant herein, acting under the color of state law and in accordance with the City of Johnstown’s customs, practices and/or policies, 8. The Defendant EAST TAYLOR TOWNSHIP is a municipality in the Commonwealth of Pennsylvania, which at all times relevant hereto was authorized to and operated a police department with its principal offices located at 2402 William Penn Avenue, Johnstown, Pennsylvania 15909, Defendant BAST TAYLOR TOWNSHIP acted by and through its duly authorized agents and employces who were, at all times relevant herein, acting under the color of state law and in accordance with East Taylor Township Police Department's customs, practices and/or policies. 9. The Defendant EAST CONEMAUGH BOROUGH is a municipality in the ‘Commonwealth of Pennsylvania, which at all times relevant hereto was authorized to an operated a police department with its principal offices located at 355 Ist Street, East Conemaugh, Pennsylvania 15909. Defendant EAST CONEMAUGH BOROUGH acted by and through its duly authorized agents and employees who were, at all times relevant herein, acting under the color of state law and in accordance with East Conemaugh Borough Police Department's customs, practices and/or policies. IV. FACTUAL BACKGROUND 10, The averments stated in paragraphs 1-9 are incorporated herein by reference as if the same were set forth here in its entirety, 11, On or about July 23, 2016, an unknown suspect assaulted s 63 year-old woman, whose name is presently unknown to Counsel for the Plaintiffs, with a knife,12, ‘The female victim sustained serious injuries and required emergency medical treatment, including surgery. 13. Prior to undergoing surgery, the woman identified the perpetrator as an individual named Richard Miller. 14, Upon receiving this information, the lead investigating police department, East ‘Taylor Township Police Department, rina records check for individuals named “Richard Miller.” 15, ‘The results retumed the name and address of Plaintiff Richard Allen Miler, along with numerous others. 16, Acting upon this information, thats, the name and address of Plaintiff Richard Allon Miller, police units were dispatched to Plaintiff Miller's home address. 17, Upon axrival, officers discovered that Plaintiff Miller was not at home. 18. Police units from all three Defendant municipalities then proceeded to Plaintift Miller's mother's residence located «ESA Jonnstovn, Pennsylvania 19, Plaintiff Miller was located there. 20, Officers from the Johnstown Police Department effectusted a felony takedown (arrest) of Plaintiff Miller: officers drew their weapons on Plaintiff Mille, ordered him to lie facedown on the ground with his hands behind his back (he complied), handouffed him, and advised him of his Miranda warnings. 21. Police officers jerked Plaintiff Miller to his feet and asked where he had been all day to which he replied, “right here,” referring to his mother’s house. 22. At this time, several police patrol units had responded to the scene with their guns also drawn on the Plaintiff23. At this time, present on the front porch of Plaintiff Miller's mother’s residence were Plaintiffs Kasandara McIntire (Plaintiff Miller's significant other) and B.M. (Plaintiff Miller's juvenile son), among others. 24, Plaintiff McIntire and others on the porch asked the officers why they were arresting Plaintiff Miller. 25. Officers responded, “shut the {lj up and go in the house or you will be arrested, too.” 26. After being searched incident to arrest (which yielded negative results for weapons, or contraband), Plaintiff Miller was placed in the back of @ locked patrol car and transported to the East Taylor Township Police Station. 27. Once Plaintiff Miller arrived at the police station, he remained in handcuffs, was placed in a locked room, and handcuffed to a ebair. 28. Plaintiff Miller was not provided an opportunity to make a telephone call. 29, Plaintiff Miller was never re-tead his Miranda wamings or advised of his Fifth ‘Amendment tights once inside the police department and was then subjected to interrogation. 30. Despite accusatory and confrontational questioning by police and being presented with the victim's bloodstained clothing, Plaintiff Miller maintained that he had been at his ‘mother’s home cutting grass at the time of the assault. 31. Several hours after Plaintiff Miller's arrest, the victim of the assault recovered from surgery. 32. She was presented with a photograph of Plaintiff Miller and indicated to police that he was not the man who had assaulted her,33. Itwas not until late that night that Plaintiff Miller was released, that is, that he was permitted to be picked up by Kasandara McIntire at the police station. 34, While under arrest at the police department, Plaintiff Miller advised the detaining officers that he suffered from a heart condition and requested that his hands be cuffed in front of his body, as opposed to behind his back; his request was denied. 35. While under arrest at the police department, Plaintiff Miller requested a drink of ‘water and some food; he was not provided any food or drink until two hours after his request, 36. From the time of the initial arrest at his mother’s residence until he was released to Plaintiff McIntire, Plaintiff Miller's time in custody lasted approximately seven hours. 37. No charges related to this incident were ever filed against Plaintiff Miller. 38. On the day following Plaintiff Miller's detention, as a direct and proximate result of the stress from detention, Plaintiff Miller's blood pressure spiked to 197 over 150. 35. Asa result, an ambulance was called and he was taken to Conemaugh Memorial Medical Center for treatment. 39. Plaintiff Miller underwent medical treatment and was released after two hours. 40, At all times relevant hereto, the Defendants did not have probable cause to believe that Plaintiff Miller was the perpetrator of the assault. 41, At all times relevant hereto, the Defendants did not have probable cause to arrest Plaintiff Miller. 42. Atall times relevant hereto the Defendants failed to exercise due diligence in ascertaining the correct identity of the individual who perpetrated the assault and failed to exercise due diligence in ruling out Plaintiff Miller as a suspect.43. Atall times relevant hereto, Plaintiff Miller had a verifiable alibi as to his ‘whereabouts at the time of the assault and the defendants failed to exercise due diligence in investigating said alibi 44, Atall times relevant hereto, the arrest and detention of Plaintiff Miller constituted a false arrest and false imprisonment—violations of Plaintiff Miller's Civil Rights, and compensable torts under Pennsylvania state law. 45, Asa direct and proximate result of the actions of the Defendants, Plaintiff Richard Allen Miller suffered the following damages: a. Loss of liberty; . Exposure to unreasonable search and seizure; ©. Physical pain; 4. Exacerbation of a pre-existing medical condition, which required medical treatment; ¢. Embarrassment and humiliation; and f. Emotional distress, 46, Asa direct and proximate result of the actions of the Defendants, Plaintiff Kasandara Molntite suffered emotional distress, including but not limited to, severe stress, prolonged and continued anxiety, nervousness, humiliation, and embarrassment, 47. Asa direct and proximate result of the actions of the Defendants, Plaintiff B.M. suffered/continues to suffer severe emotional distress, including, but not limited to, stress, anxiety, nervousness, inability to focus, night terrors, and sleeplessness.Y. CLAIMS FOR RELIEF A, Federal Law Claim(s) 1, Count I: Claim Pursuant to 42 U.S.C. § 1983: Plaintiff Richard Allen Miller v, All Defendants 48, The averments stated in paragraphs 1-47 are incorporated herein by reference as if the same were set forth here in its entirety 49, 42 U.S.C. § 1983 provides that: Every person, who under color of any statute, ordinance, regulation, custom or usage of any state or territory or the District of Columbia subjects or causes to be subjected any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges or immunities secured by the constitution and law shall be liable to the party injured in an action at law, suit in equity, or other appropriate proceeding for redress, 50. The Fourth Amendment to the United States Constitution provides a clearly established constitutional right that citizens shall remain free from unreasonable seizures. US. Const, Amend, IV. 51, The Fourteenth Amendment to the United States Constitution provides a clearly established constitutional right that no State shall deprive any person of life, liberty, or property without due process of law. U.S. Const. Amend. XIV. 52, In committing the acts complained of herein, the Defendants acted jointly and under the color of state law to deprive Plaintiff Richard Allen Miller of his clearly established, constitutionally-protected rights under the Fourth and Fourteenth Amendments including, but not limited to: a. Freedom to remain free from unreasonable seizure; . Freedom to remain free from unreasonable searches; and . Freedom from deprivation of liberty without due process of law.53. Asa direct and proximate result of the violation of his Constitutional rights by the defendants, Plaintiff Richard Allen Miller suffered general and special damages as, set forth in this Complaint and is entitled to relief under 42 U.S.C. § 1983 Pendent State Law Claims 1, Count I/II: False Arrest/False Imprisonment Plaintiff Richard Allen Miller v. All Defendants 54, The averments stated in paragraphs 1-53 are incorporated herein by reference as if the same were set forth here in its entirety. 55. Under Pennsylvania law, “[t}he elements of false arresvfalse imprisonment are: (1) the detention of another person (2) that is unlawful.” Manley v. Fitzgerald. 997 A.2d 1235, 1241 (Pa, Commw. Ct, 2010), 56, An arrest and/or detention is unlawful if it is unsupported by probable cause. 57. In committing the acts complained of herein, the Defendants acted jointly to effectuate a false arrest of Plaintiff Richard Allen Miller. 58. In committing the acts complained of herein, the Defendants acted jointly to falsely imprison Plaintiff Richard Allen Miller 59. Asa direct and proximate result of this tortious conduct by the defendants, Plaintiff Richard Allen Miller suffered general and special damages as set forth in this Complaint and is entitled to relief under Pennsylvania state law. 2, Count IV: Negligent Infliction of Emotional Distress Plaintiffs Kasandara McIntire and B.M., a minor v. All Defendants 60. The averments stated in paragraphs 1-59 are incorporated herein by reference as if the same were set forth here in its entirety. u61, A claim for negligent infliction of emotional distress (“NIED”) requires the Plaintiff to show that: (1) he was located near the scene of the accident; (2) the shock resulted from a direct emotional impact upon the plaintiff from the sensory and contemporaneous observance of the accident; and (3) the plaintiff and the vietim were closely related. Sinn v. Burd, 486 Pa. 146, 170-71, 404 A.2d 672, 685 (1979) 62, To recover on a claim of NIED, physical injury must be present. Rolla v. Westmoreland Health Sys. 438 Pa. Super. 33, 651 A.2d 160, 163 (Pa. Super. 1994), 63, Further, “Plaintiff must actually observe the act and her injuries must be reasonably foreseeable.” Halliday v. Beltz, 356 Pa, Super. 375, 514 A.2d 906 (Pa, Super. 1986); Armstrong v. Paoli Memorial Hosp., 430 Pa, Super. 36, 633 A.2d 605 (Pa, Super. 1993). 64, In committing the acts set forth above, the Defendant acted jointly to negligently inflict emotional distress to Plaintiff Kasandara McIntire, Plaintiff Miller's significant other (a person “closely related to the victim”) and Plaintiff B.M, Plaintiff Miller’s minor son (a person “closely related to the vietim’). 65. Asa direct and proximate result of the tortious conduct of the Defendants, Plaintiffs Kasandara MoIntire and B.M. suffered the following damages: Kasanda MeInti : severe stress, prolonged and continued anxiety, nervousness, humiliation, and embarrassment; BAM: severe stress, prolonged and continued anxiety, prolonged and continued nervousness, continued inability to focus, recurring night terrors, fear of police officers, paranoia, and sleeplessness. 66, Plaintiffs Kasandara McIntire and B.M. are therefore entitled to relief pursuant to Pennsylvania state law. 12VL. PRAYER FOR RELIEF WHEREFORE, Plaintiff Richard Allen Miller requests judgment against the Defendants as follows: 1. For appropriate compensatory damages in an amount to be determined at trial; 2, For an award of reasonable attorney's fees and his costs on his behalf expended as to such Defendants pursuant to the Civil Rights Act of 1871, 42 USC. § 1988; and 3. For other such and further relief to which Plaintiff may show himself justly entitled. WHEREFORE, Plaintiff Kasandara McIntire requests judgment against the Defendants for appropriate compensatory damages in an amount to be determined at tral WHEREFORE, Plaintiff B.M. requests judgment against the Defendants for appropriate compensatory damages in an amount to be determined at tril. Vil. JURY TRIAL DEMAND WHEREFORE, Plaintiffs request a ry trial on all Counts/Issues raised herein, Respectfully submitted, /s/G. William Bills, Jr Attomey for the Plaintiffs PALD. No. 20133 437 Grant Street Suite 407 Pittsburgh, PA 15219 Phone: (412) 261-3340 Fax: (412) 261-9211 Email: [email protected]