Lawsuit over Cal U campus arrest dismissed
A federal judge dismissed the remnants of the civil-rights lawsuit in which a Monessen businessman and former state House candidate sought damages over his 2015 arrest on the California University of Pennsylvania campus.
U.S. Magistrate Judge Lisa Pupo Lenihan, in an order issued last week, jettisoned claims against borough and university police officers who were involved in the arrest of Charles Mrlack Jr., 45, on Sept. 15, 2015, during a boxing match in the school蘑菇视频 Convocation Center.
Mrlack蘑菇视频 attorneys 鈥� Steve Toprani and Joe Dalfonso, who are from the firm Dodaro, Matta & Cambest 鈥� filed the lawsuit in September 2017. Other defendants who were originally named 鈥� including the borough, its now-retired police chief, Rick Encapera, and the university 鈥� were previously dismissed from the case.
Mrlack contended the police who arrested him that night assaulted him and shackled him so tightly the handcuffs cut off circulation in his arms, making him lacerate his head when he fell off a bench at a holding cell in the venue. Defendants in the case denied wrongdoing. As for the head injury, they argued Mrlack had fallen because he was drunk.
He was treated at Mon Valley Hospital.
Mrlack later took a plea deal in Washington County Court, admitting to counts of public drunkenness and disorderly conduct. A more serious count of resisting arrest was withdrawn.
The judge蘑菇视频 19-page opinion said Mrlack had cut to the front of a concession line to pay for an acquaintance蘑菇视频 drink when an attendant decided to cut him off, and beckoned campus police Officer Donald Gettig, who asked Mrlack to leave the event or return to his seat.
Mrlack contended that Gettig and two members of borough police 鈥� Tom McCarthy and Officer Daniel Sturm 鈥� used excessive force to subdue and restrain him.
But Lenihan said video and other evidence showed the police behaving reasonably to deal with Mrlack, whom she said was intoxicated.
鈥淭he video does not show the officers kneeing or elbowing the Plaintiff or in any way aggressively assaulting him,鈥� her opinion reads. 鈥淚nstead, the officers appear on the surveillance and Snapchat videos to retain control of their tempers and to use only that amount of force necessary under the circumstances.鈥�
She also dismissed other counts against those three officers, plus borough police Officer Alyssa Brown, stemming from allegations they鈥檇 excessively handcuffed Mrlack and failed to ensure he received appropriate medical attention. She rejected an assertion that Gettig, who filed the criminal charges, conspired with campus police Chief Edward McSheffery and Lt. Steve Orbin to fabricate evidence.
Finally, Lenihan declined to consider allegations of assault or assault and battery against Gettig and McCarthy. She said Mrlack is free to pursue that aspect of his case by refiling it in state court.
In 2016, Mrlack was an unsuccessful contender for the Democratic nomination to represent the 58th Legislative District.