The family of a Monessen juvenile allegedly involved in a riot two years ago at a Monessen basketball game is suing the city and a veteran police officer.
The civil complaint against the City of Monessen and Lt. Lloyd Aldrich was filed on Thursday in U.S. District Court for the Western District of Pennsylvania.
The family is seeking in excess of $75,000 as well as court costs and attorney’s fees.
The suit alleges Aldrich used excessive, unreasonable and unjustified force against the youth Jan. 29, 2010, when he was subdued with a Taser during the melee at Monessen High School.
In filing the suit, Greensburg attorney Maria Spina Altobelli used only initials to identify her clients: B.T. and M.T., parents of M.T.
The incident stemmed from a fight between two teenage girls, which escalated into a riot at halftime of the Monessen-Washington boys’ basketball game.
The fight between the two girls began as the crowd was leaving the gymnasium at halftime.
After the initial altercation, a series of “mini-fights” erupted, first along the Monessen side of the basketball floor. Then, a group of Washington fans attempted to go after some Monessen players as they were leaving for the locker room.
District officials used video surveillance to file charges against those involved, including the Monessen juvenile whose family is now suing. He was 15 at the time.
Monessen police cited seven people with disorderly conduct in 2010, the Monessen juvenile; a Washington couple, Miguel Rivero and Lynn Miller-Rivero; Samone Stepoli, of Monessen; and two
Washington teens, Aujah Wade, then 18, and a then-17-year-old female, were found guilty in separate summary trials before District Judge Joseph Dalfonso.
Chancey Roilton, then 18, of Washington, pleaded guilty.
After the Monessen youth’s hearing in 2010, Spina Altobelli, said the school’s surveillance tapes “clearly showed my client was somewhat confused and was not acting in a threatening manner during the incident.”
She said the video showed Aldrich using the stun gun on the juvenile.
The lawsuit states the youth “did not have a weapon, nor did Aldrich have any reason to believe that the minor plaintiff was armed.”
The suit claims the juvenile was not acting aggressively toward officers and was in the process of leaving the scene when he was “stunned by the Taser.”
The youth was handcuffed and left unattended on the floor of the hallway, where he was in “great discomfort and pain,” according to the suit.
His family later took him to a hospital where an officer was called to remove the handcuffs.
The suit is claiming the “City of Monessen failed to properly supervise and train officers on the proper circumstances to use a Taser gun and/or the proper procedures as to how to use a Taser gun.”
The three-count lawsuit claims the youth’s Fourth and 14th amendment rights — under the U.S. Constitution — to protection from excessive force and unreasonable seizure; intentional infliction of emotional distress and assault and battery were violated.
The suit claims the juvenile suffered physical pain, suffering, fright, horror, shock, emotional trauma and suffering, and economic damage from medical and legal costs.
The suit claims the juvenile suffered physical injuries and trauma, nerve damage and tremors, and continues to suffer “great fear and apprehension of law enforcement personnel,” embarrassment and humiliation.
Contacted Thursday night, Monessen Mayor Jo Smith said she wasn’t aware the lawsuit had been filed.
She supported the police department’s handling of the situation.
“I saw the videos from the school cameras. I’m not a lawyer, but based on what I saw, (the juvenile) wasn’t listening to Mr. Wheeler or the police.”
Marlon Wheeler is Monessen School District’s dean of students.
The mayor said the police officers are trained to properly use Taser guns and pepper spray.
“We are mandated by law that they are properly trained,” she said.
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