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VOLUME 4 Spring 2004 | ||||||
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MSZL&M SECURES DISMISSAL OF MULTIPLE CLAIMS IN CIVIL RIGHTS TRIAL Susan R. Engle, Esq.
The defense team in the matter of Dashner v. City of Bethlehem recently prevailed on a motion for judgment as a matter of law at the close of the plaintiffs’ case in chief, effectively removing 11 of the 14 police officers as defendants and disposing of various state law claims. The jury trial, which began on September 25, 2003, is a civil rights trial against the City of Bethlehem and 14 individual police officers involved in a drug raid on April 23, 1997. During the raid, a suspect, John Hirko, Jr., was shot to death, and his rental home was damaged by a fire caused by a flash bang distraction device utilized during the raid. Hirko’s girlfriend and a plaintiff in the case, Kristin Fodi, escaped from the fire with the assistance of the police.
At the close of plaintiffs’ case in chief on December 2, 2003, the defense moved for judgment as a matter of law on multiple issues, arguing that the plaintiffs had not proven enough facts to support a jury finding in their favor. The defense motion was taken under advisement by the trial judge. Nearly two months later, on January 27, 2004, the judge issued a written order detailing his findings.
In his order, Judge James Knoll Gardner granted qualified immunity to 11 of the 14 police officer defendants, finding that none of those officers could be deemed to have used any degree of force during the drug raid, thereby dismissing them from the case. In addition, the Judge dismissed plaintiffs’ state law claims for negligent and intentional infliction of emotional distress. The Court held that the plaintiffs had not proven a prima facie case on either count of the Amended Complaint. Notably, the Judge found that even though the trial had been bifurcated, during the liability phase of the case, the plaintiffs were nonetheless required to make a showing that the plaintiffs had experienced some form of emotional distress, even though the detailing of resultant damages would follow in a damages phase of the trial. Lastly, the Judge dismissed any claim for punitive damages against the City, finding that the City was immune from such an award.
Trial testimony in the liability phase concluded on January 28, 2004, and closing arguments have been scheduled for February 17, 2004. The claims remaining in the case are brought pursuant to Section 1983, alleging the use of excessive force contrary to the provisions of the Fourth Amendment. In addition to the allegations of the use of excessive force, the remaining counts - - one on behalf of the Hirko estate, one on behalf of Hirko’s girlfriend Kristin Fodi, and one on behalf of the landlord who owns the building where the raid took place - - include allegations of a failure to train, failure to supervise, negligent supervision, and policy or practice infringing on the constitutional rights of the plaintiffs. The defendants remaining in the case include the City of Bethlehem and three police officers directly involved in the shooting of Hirko and the handcuffing of Kristin Fodi. In the event of a plaintiffs’ verdict on liability, the trial will proceed to a damages phase, wherein additional testimony will be presented before the jury is asked to determine the monetary damages to be rewarded to the plaintiffs. |
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