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A second Wilkes-Barre police officer has joined a lawsuit against the city, alleging the injuries he suffered in an attack by a department K9 could have been prevented if the animal’s handler was properly trained.
The third amended complaint filed Monday in federal court in Scranton added Shane Smith as a plaintiff and police Chief Joseph Coffay as a defendant.
Smith, of Plymouth, has been out of work since the Sept. 4 attack, the latest version of the suit said. At the time, Smith was involved in a search for a suspect when the dog Chase latched onto his leg and dragged him on the ground until K9 officer Joseph Homza forcibly removed the animal, the suit states.
The dog was involved in a similar attack in December 2017 that injured officer Anthony Falcone, according to the filing. Falcone, of Wilkes-Barre, was unable to work for four months due to his injuries, the suit said. He and his wife Kaitlyn were added as plaintiffs in October.
The original suit was filed in October 2017 by Joshua Fought of Berwick, who alleged he was attacked by the dog during an unlawful arrest on Public Square several months earlier in July. A Luzerne County jury acquitted Fought of a charge of resisting arrest. The trial judge acquitted Fought of disorderly conduct and a public drunkenness charge was dismissed at the preliminary hearing before trial.
Wilkes-Barre city Attorney Tim Henry said Monday it is city policy not to comment on pending litigation. The city’s insurance carrier picked up the lawsuit and hired legal counsel, Henry said.
‘Potentially dangerous’
Because of the biting incidents, Mayor Tony George ordered that Chase be taken out of service last year. The mayor directed that Chase and the city’s other K9, Skoty, be evaluated to determine their suitability for duty. Chase was reactivated in July 2018 but temporarily taken out of service following the attack on Smith. Skoty was assigned a new handler and has been undergoing additional training.
The suit alleged the city put Homza and Chase on the street before completing their required training. Furthermore, former police chief Marcella Lendacky, who retired in June, and Coffay, who later replaced her, should have known that the lack of training for Homza exposed officers and the public “to a potentially dangerous condition.”
The plaintiffs are seeking a jury trial and damages on each of the 16 counts ranging from assault, battery, negligence and malicious prosecution.