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United States News
See other United States News Articles Title: Cops Force K9 to Maul Innocent Sleeping Blind Man in His Own Home
Source:
Free Thought Project
URL Source: https://thefreethoughtproject.com/i ... -blind-man-attacked-police-k9/
Published: Nov 29, 2019
Author: Matt Agorist
Post Date: 2019-11-30 03:08:15 by Deckard
Keywords: None
Views: 17554
Comments: 75
Mount Washington, PA — On that fateful night back in June 2017, Robert Aldred had committed no crime, had harmed no one and was asleep in his own home. Despite being entirely innocent, militarized cops with a blood thirsty K9 broke into his home, went into his bedroom, and savagely attacked this innocent man, who is also legally blind. Now, after filing a lawsuit against the city for the abuse, the city is issuing him an insultingly low settlement that Aldred says doesn’t even cover his medical bills. The fact that police felt it necessary to force their K9 to attack a naked blind man as he slept is bad enough, but the ridiculous settlement makes it that much worse. “It was extremely traumatic,” Mr. Aldred said Wednesday at a news conference. “It was the police department. They’re here to protect and serve.” Sadly, protection and service were nothing close to what Aldred received on the night of June 23, 2017. As the Post-Gazette reports: The night of the incident, Mr. Aldred got off work and went to a lounge in Downtown with a couple of friends before returning to his apartment about 12:30 a.m. When he got home, he noticed that the front screen door was broken, but the door remained intact. He went to his third-story apartment and fell asleep. Pittsburgh police officers Logan Hanley, Joshua Matthews and Michael Soroczak responded after an anonymous neighbor called 911 to report a burglary was taking place at Mr. Aldred’s home. The officers entered the residence with a K-9 and made their way up to Mr. Aldred’s room. Mr. Aldred, who didn’t hear police enter the residence, woke up when the officers came into his room. He said he was unarmed and naked, and he was confused why they were in his room.
Instead of realizing they had just startled a sleeping blind man in his own bedroom, police escalated force and unleashed their K9. According to the lawsuit, officer Hanley was the dog’s handler who encouraged his hell hound to continue to attack the harmless naked blind man. As Aldred raised his arm to shield his face from the dog’s bites, the dog latched onto his arm and began shredding it. The K9 also tore into the innocent blind man’s leg as well. After they finally pried the dog from the screaming and bloodied man, instead of immediately administering first aid, officers handcuffed the naked blind man, put sweat pants on him and hauled him outside to question him further. Mr. Aldred, who was “hysterical, crying and still bleeding profusely,” the lawsuit said, told the officers that he lived in the residence, but they continued to question him. Around 2:00 a.m., Aldred’s roommate comes home to the chaos, after Aldred had been handcuffed and bleeding for well over an hour. He tells the cops that the innocent blind man does indeed live in the residence and they finally removed the handcuffs. An unidentified officer then asks Aldred if he needs to go to the hospital. “Mr. Aldred told the officer that he absolutely needed to go to an emergency room because he was still bleeding profusely and in excruciating pain from the attack,” the lawsuit said. Aldred said his medical bills from that night were over $10,000 and police paid for none of it. The innocent blind man was never charged with a crime. “Mr. Aldred will never be the same,” said Todd Hollis, Mr. Aldred’s attorney. “And the fact that this happened in his own home, I’m certain it will have lasting consequences.” Indeed, it already has. According to Aldred, his neighbors were so scared of police doing this to them, that they all moved away. Mr. Adlred’s case is a perfect example of why TFTP exists. When police can break into an innocent blind man’s home, based on an anonymous call, force their K9 to shred his flesh, never say so much as “I’m sorry,” and then pass their liability on to the taxpayer, something has gone seriously wrong. If we the people do not speak out about the increasingly unaccountable and violent nature of police in America, by the time most people realize it is going on, it will be too late.
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Begin Trace Mode for Comment # 10.
#5. To: Deckard, misterwhite (#0)
From Doc #11, the Amended Complaint of 2 Sep 2019: PLAINTIFF’S MEDICAL BACKGROUND 16.Mr. Aldred is legally blind, and also suffers from chronic post-traumatic stress disorder, severe anxiety, lucid dreams and nightmares, Bipolar Disorder, and Borderline Personality Disorder, among other ailments. 17. Mr. Aldred regularly takes various prescription medications, pursuant to his doctor’s orders, to treat the above-mentioned ailments and disorders. 18.On June 24, 2017, Mr. Aldred was transitioning to a new prescription medication to treat his ailments and disorders, under his doctor’s supervision. 19.Mr. Aldred believes that his adjustment to this new prescription medications further hindered his perception, including his ability to understand and react to what was going on inside of his home on the night of June 24, 2017. THE ATTACK 20.On Friday, June 24, 2017, around 11 o’clock p.m., Mr. Aldred finished working as a waiter at a restaurant located in downtown Pittsburgh. Mr. Aldred and two friends went to a lounge, also located in downtown Pittsburgh. It sounds like Mr. Aldred went to a titty bar to practice his braille and drink away his chronic post-traumatic stress disorder, severe anxiety, lucid dreams and nightmares, Bipolar Disorder, and Borderline Personality Disorder, among other ailments, and to facilitate his transitioning to a new prescription medication to treat his ailments and disorders, under his doctor’s supervision. Maybe waiter Aldred got blind drunk, got in a fight with his screen door, couldn't find his bed, and just crashed on the floor in his birthday suit. From Doc #15, Defendants' Motion to Dismiss of 27 Sep 2019: 1. Officers were called to Plaintiff’s residence on or about June 24, 2017, to investigate a burglary in process reported by an anonymous neighbor. ECF No. 11 ¶ 15. When Officers arrived they found Plaintiff’s front screen door broken and when Defendant Officers searched the home they found Plaintiff lying on the floor of a bedroom in the dark. Id. ¶¶ 29, 38. 2. Officers were unaware that Plaintiff lived at the house or that he suffered from a number of psychological and physical ailments. Id. ¶¶ 16-17. Officers used K9 force to detain Plaintiff. Id. ¶¶ 38-39. The referenced ECF No. 11 is Plaintiff Aldred's Amended Complaint. Paragraphs 15-17, 29, 38-39 read as follows: 15. Following the incident complained of herein, Mr. Aldred learned that an anonymous neighbor called the Pittsburgh Police to report that they suspected a burglary was taking place at his home. 16. Mr. Aldred is legally blind, and also suffers from chronic post-traumatic stress disorder, severe anxiety, lucid dreams and nightmares, Bipolar Disorder, and Borderline Personality Disorder, among other ailments. 17. Mr. Aldred regularly takes various prescription medications, pursuant to his doctor’s orders, to treat the above-mentioned ailments and disorders. - - - - - - - - - - 29. Mr. Aldred woke up, but was naturally confused about what was happening, and why anyone was in his bedroom. - - - - - - - - - - 38. Pursuant to the Defendant Officers’ conduct, the German Shepherd ran at Mr. Aldred, who was laying naked on the floor of his bedroom. 39. Mr. Aldred instinctively raised his right forearm in front of his face to shield it from the dog’s vicious attack. The text of Doc #15, Defendants' Motion to Dismiss is short: IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA ROBERT ALDRED, an individual Plaintiff,
v.
CITY OF PITTSBURGH, ACTING CHIEF OF POLICE REGINA McDONALD, OFFICER MICHAEL SOROCZAK, OFFICER JOSHUA MATTHEWS, and OFFICER LOGAN HANLEY. Defendants. CIVIL DIVISION
No. 2:19-cv-00838
Judge David S. Cercone
JURY TRIAL DEMANDED DEFENDANTS, CITY OF PITTSBURGH, FORMER CHIEF REGINA MCDONALD AND DEFENDANT OFFICERS SOROCZAK, MATTEHWS AND HANLEY'S MOTION TO DISMISS PLAINTIFF'S SECOND AMENDED COMPLAINT PURSUANT TO FRCP 12(B)(6) Defendants, City of Pittsburgh, Former Chief Regina McDonald, and Defendant Officers Soroczak, Matthews, and Hanley, respectfully file this Motion to Dismiss the Plaintiff's Second Amended Complaint pursuant to Federal Rules of Civil Procedure 12(b)(6) and in support thereof states the following: 1. Officers were called to Plaintiff's residence on or about June 24, 2017, to investigate a burglary in process reported by an anonymous neighbor. ECF No. 11 ¶15. When Officers arrived they found Plaintiff's front screen door broken and when Defendant Officers searched the home they found Plaintiff lying on the floor of a bedroom in the dark. Id. ¶¶ 29, 38. 2. Officers were unaware that Plaintiff lived at the house or that he suffered from a number of psychological and physical ailments. Id. ¶¶ 16-17. Officers used K9 force to detain Plaintiff. Id. ¶¶ 38-39. 3. After his Amended Complaint was removed from the Court of Common Pleas in Allegheny County, Plaintiff filed a Second Amended Complaint in the Western District of Pennsylvania alleging violations of his alleged constitutional rights pursuant to 42 U.S.C. § 1983. 4. Plaintiff has no viable § 1983 claims against the City of Pittsburgh, the Defendant Officers and, against Former Chief Regina McDonald, thus, Plaintiff's claims should be dismissed. 5. Any claims against the City of Pittsburgh should be dismissed with prejudice for failure to properly allege a widespread municipal policy or custom that was the moving force behind the alleged constitutional injuries. Plaintiff failed to state a claim for municipal liability under a failure to train, control over supervise theory. Further, the actions of one officer, claimed by the Plaintiff to be evidence of a failure to train, control, or supervise, does not amount to a widespread policy or custom. 6. Plaintiff's claims against Former Chief McDonald should be dismissed with prejudice because she was not the Chief, or apparently employed with the City of Pittsburgh, on or about September 24, 2017. 7. Plaintiff's claims against the Defendant Officers Soroczak, Matthews, and Hanley should be dismissed for failure to state a claim and because the Officers, as well as Former Chief Regina McDonald, should be dismissed because they are entitled to qualified immunity. 8. Defendants respectfully request this Court dismiss all claims against it with prejudice, as explained further in their Brief accompanying this Motion. 9. A proposed order is attached. Respectfully submitted,
/s/ Julie E. Koren
Julie E. Koren (Pa. ID 309642),
Assistant City Solicitor
313 City-County Building, 414 Grant Street
Pittsburgh, PA 15219
Julie.Koren@pittsburghpa.gov
Counsel for Defendant City of Pittsburgh,
Former Chief Regina McDonald, Officer Soroczak, Officer Matthews, and Officer Hanley
#10. To: nolu chan (#5)
16.Mr. Aldred is legally blind, and also suffers from chronic post-traumatic stress disorder, severe anxiety, lucid dreams and nightmares, Bipolar Disorder, and Borderline Personality Disorder, among other ailments. I wouldn't want to encounter this guy at Walmart, much less have to deal with him ater dark when he's been drinking.
Replies to Comment # 10.
#15. To: misterwhite (#10)
" much less have to deal with him ater dark when he's been drinking" Yes, and you can sleep relaxed in your bed, assuming that you are secure in your person, house, papers, and effects. But what if they will not know that you are a noble and heroic LEO, and sick a dog on you in the middle of night? What a wonderful surprise wake-up it will be? Go to a doctor to check your legs, because for your head it is too late.
#35. To: misterwhite (#10)
I wouldn't want to encounter this guy at Walmart, much less have to deal with him ater dark when he's been drinking. I would not want to be a lawyer putting Aldred on the stand, with the whole case relying on Aldred telling a believable story and not freaking out. Aldred got about what they offered him in the first place.
End Trace Mode for Comment # 10.
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