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HomeMy WebLinkAbout10-1575NATHANIEL MICHAEL, Plaintiff VS. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Borough Police Department, and, AARON NIGRO, in his capacity as a Constable for Cumberland County, State of Pennsylvania Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ; NO: !d -!SZ' S [rru: ?, ??,- l n ? • C o -rs ? 3 x?3y. yyp L./ JURY TRIAL DEMANDED NOTICE TO DEFEND A ZZ ti q 0 rn? You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing S, or business before the Court. All arrangements must be made at least 72 hours prior to any hearing o business before the court. You must attend the scheduled conference or hearing. 'V 9), -0 I?GL C'JC-w & ?Q3 NATHANIEL MICHAEL, Plaintiff vs. AARON NIGRO, an adult individual, and AARON NIGRO, in his capacity as a Police Officer of the Newville Borough Police Department and, AARON NIGRO, in his capacity as a Constable for Cumberland County, State of Pennsylvania Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: : JURY TRIAL DEMANDED COMPLAINT And now comes Plaintiff, Nathaniel Michael by and through his attorney Vincent M. Monfredo, Esquire, and avers in support of his complaint as follows: INTRODUCTION 1. 2 This is an action for money damages brought pursuant to common law of the Commonwealth of Pennsylvania, 42 U.S.C. Section 1983 and the Fourth and Fourteenth Amendments to the United States Constitution and the Due Process Clause. It is alleged that Aaron Nigro made an illegal attempted arrest and assaulted Nathaniel Michael by firing his firearm at him and as a result violated Michael's rights under the Fourth and Fourteenth Amendments to the United States Constitution, as well as the Due Process Clause. PARTIES 3 Plaintiff, Nathaniel Michael (hereinafter "Michael") is an adult individual living at 7372 Spring Road, New Bloomfield, Pennsylvania. 4. Defendant Aaron Nigro (hereinafter, "Nigro") is an adult individual, believed to be residing at 107 Spruce Avenue, Carlisle, PA, and at all times relevant was a Constable for Cumberland County in the State of Pennsylvania and a Police Officer for the Borough of Newville in the State of Pennsylvania, and at all times acting under color of law, to wit, under color of the statutes, ordinances, regulations, policies, customs and usages of the Commonwealth of Pennsylvania and/or the County of Cumberland. FACTS 5. On or about March 9, 2008, Michael drove-to a Pizza Restaurant along Route 34 in Perry County, Pennsylvania. 6. Michael's reason for meeting at that Pizza Restaurant was to discuss paying the fines of Michael's girlfiend, Renae Brennaman. 7. Nigro met with Michael on this day at approximately 7:30 p.m. 8. During their conversation, Nigro began to question Michael on whether he had been drinking alcohol and driving. 9. Michael then attempted to get back in his car and drive away. 10. Nigro when pulled out his firearm and fired a shot at Michael, which hit Michael's vehicle. COUNTI ASSAULT 11. Previous paragraphs are incorporated by reference as if fully set forth herein. 12. Nigro intentionally and unlawfully threatened bodily harm towards Michael by firing a shot from his firearm at Michael while he was driving away. 13. As a direct and proximate result of the actions of Nigro, Michael feared serious bodily harm or even death. 14. Michael feared for his life and his personal safety. 15. Michael suffered mental anguish, pain, suffering, and emotional trauma as a direct and proximate result of Nigro's actions, which will be proven at trial. 16. The actions of Nigro were outrageous and shocking and constituted willful and malicious conduct for which punitive damages are applicable. WHEREFORE, Plaintiffs respectfully requests this Honorable Court enter Judgment in his favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fee against Defendant Nigro as an individual and in his capacity as a Constable and in his capacity as a Newville Borough Police Officer. COUNT II 42 USC 1983 ACTION 17. Previous paragraphs are incorporated by reference, as if fully set out herein. 18. Nigro was a Constable for the Cumberland County, Pennsylvania on or about March 9, 2008. 19. Nigro was also employed as Newville Borough Police Officer in the State of Pennsylvania on or about March 9, 2008. 20. Nigro was acting under state authority as a constable for Cumberland County in the State of Pennsylvania and as Pennsylvania Police Officer. 21. Alternatively, Nigro was acting under his authority, and in his capacity as an State Constable and as Pennsylvania State Police Officer. 22. Nigro was acting with authority vested in him by South Middleton Township, The Commonwealth, the Borough of Newville, and the County of Cumberland, subdivisions of the Commonwealth of Pennsylvania, and thus was acting under color of state law. 23. Nigro, in the course of his employment, by his actions previously described, did deprive Plaintiff Michael of his rights and protections under the United States Constitution, including the 4 h Amendment, the 14'' Amendment, the Due Process Clause, and the 8`h Amendment. 24. Plaintiff Michael suffered mental anguish, pain, suffering, and emotional trauma as a direct and proximate result of Nigro's actions, which will be proven at trial. 25. The actions of Defendant Nigro were outrageous and shocking and constituted willful and malicious conduct for which punitive damages are applicable. WHEREFORE, Plaintiffs respectfully requests this Honorable Court enter Judgment in his favor in an amount in excess of the limits for compulsory arbitration, along with punitive damages, costs, interest, and attorney's fees against Defendant Nigro as an individual and in his capacity as a State Constable and in his capacity as a Police Officer for Newville Borough. Dated: - B 1 b Respectfully submitted, ROMINGER & ASSOCIATES Vincent M. Monfredo, Esquire 155 South Hanover Street Carlisle, PA 17013 Tel: (717) 241-6070 Fax: (717 241-6878 Supreme Court ID # 206671 Attorney for Plaintiff VERIFICATION I verify that I am the Petitioner and that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unworn falsification to authorities. Date: &c? )-010 Nathaniel Michael SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~4titn pf~tt~irbrrl,~~fii e..~ ' „~ MFG CE :-~ "~~ S!'.RIFF r~~ ~ -~ ~: ,r, ~ _ ~ .~,~~ pp n Jody S Smith Chief Deputy Edward L Schorpp SOiICItOr ZG4~~'~!.~ 1 I ~~~ ~; I~ Nathaniel Michael vs. Case Number Aaron Nigro 2010-1575 SHERIFF'S RETURN OF SERVICE 03/13/2010 09:18 AM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2010 at 0915 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Aaron Nigro, by making known unto George Gale, adult in charge at 408 Limestone Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to hin• personally the said true and correct copy of the same. RO E T BITNER, D PUTY SHERIFF COST: $39.24 March 15, 2010 SO ANSWERS, RON ~ R ANDERSON, SHERIFF ;~i CnuniySuite She:nff. Teleosoft. h•.r,.