By Kurt Bresswein, The Express-Times (Easton, Penn.)
EASTON, Penn. -- The city settled another police brutality lawsuit for $100,000 Wednesday, the third such settlement in a year.
Three similar suits remain pending.
Wednesday’s settlement ends Keith A. Rosenberg’s suit over his arrest in March 1999.
In the lawsuit, Rosenberg says he was a passenger in a car reported stolen and ran from police when they stopped the car. The chase led to a dead-end alley, where he obeyed the pursuing officer’s instructions to lie down. Rosenberg claims officer Michael Vangello’s police dog, Bere, then bit him on the face, shoulder and side, causing permanent scarring and emotional suffering.
Despite his claim in the lawsuit to being a passenger, Rosenberg admitted in 2000 to driving the stolen car and to eluding police. He was sentenced to seven to 23 months in prison. The civil rights suit alleged police violated his civil rights, used force excessively and followed the policy or custom of the police department to use excessive force.
Wednesday’s settlement of the lawsuit filed by attorney John P. Karoly Jr. preempts a trial that had been scheduled to begin Monday. U.S. Magistrate Judge Arnold Rapoport administered Wednesday’s settlement conference in Allentown.
Rosenberg filed the suit against Vangello, former police Chief Larry Palmer, former Mayor Thomas Goldsmith and the city.
St. Paul Companies Inc., the city’s police liability insurer at the time of the arrest, will pay $75,000 of the settlement, city Business Administrator Steve Humphrey said. The city will pay $25,000 as its deductible under the policy.
Humphrey said Wednesday settling the lawsuit does not imply Easton police acted improperly in arresting Rosenberg. He said defending the suit may have cost the city more money.
Humphrey and Easton Police Chief Stephen Mazzeo declined further comment on the settlement. Both said David J. MacMain, the insurance company’s attorney who handled the settlement, plans to issue a news release today to address the deal.
MacMain did not return a message left Wednesday at his Philadelphia office.
Karoly said in a news release he and Rosenberg are satisfied with the settlement, but Karoly warned of more litigation against the city.
“Easton has a lot of good police officers and some who simply shouldn’t be police officers,” Karoly said in the release. “If the city won’t make an effort to sort them out, I guess we will have to do it for them, in court.”
Karoly represented three men injured by police and police dogs in November 1997. The city settled with the victims for $1.9 million last May. In late May, the city settled a suit for $75,000 that Liam Williams filed for injuries caused again by officers and dogs during his arrest in December 2000.
Karoly represents plaintiffs in three more police brutality suits against Easton, all filed last August. One suit involves former wrestling star Jack Cuvo and his wife, Jennifer Cuvo, over his arrest in October 2001.
The other plaintiffs are Joel James Laughlin, who says police beat him after his arrest in February 2003, and Devin L. Moore. Moore was arrested in March 2002 and allegedly suffers pain and permanent scarring from a police dog attack. The Cuvos, Laughlin and Moore seek $2.85 million collectively.
Karoly also represented the family, fiancee and landlord of John Hirko Jr., who died during a police raid in Bethlehem in 1997. Bethlehem Mayor John Callahan approved a $7.89 million settlement March 22 to end that lawsuit.