As promised, an attorney representing the widow of a man killed by police responding to a mental health call filed a lawsuit in federal court on Tuesday.
Attorney Barry Dyller of Wilkes-Barre filed the lawsuit on behalf of Melinda Williams in connection with the Nov. 7 death of her husband, Brian Williams.
Mr. Dyller initially filed a lawsuit in Wyoming County Court, alleging officer Mark Papi of the Tunkhannock Twp. Police Department was unjustified in shooting Mr. Williams after police responded to his Lake Winola home based on a request to serve a mental health commitment warrant.
The federal lawsuit raises essentially identical claims to those in the county court lawsuit, which Mr. Dyller voluntarily withdrew on Monday. Mr. Dyller said he opted to withdraw the county suit because he felt the claims were better suited for federal court.
According to the federal lawsuit:
Police arrived at the Williams home off Route 307 shortly after 1 p.m. Mrs. Williams repeatedly asked police officers for permission to enter the home, telling them she could convince Mr. Williams to exit if she was permitted to speak to him. Despite her pleas, officers refused her request.
At some point, Tunkhannock Twp. Police Chief Stanley Ely spoke to Mr. Williams by phone. Mr. Williams told Chief Ely, who is not named as a defendant in the lawsuit, he would come out as long as he got to speak to his wife and mother. Chief Ely refused to let him talk to the women.
Instead of waiting for Mr. Williams to exit on his own, Officer Papi and other police officers entered the home and encountered Mr. Williams in a bedroom. The officers forcibly entered the room and shot Mr. Williams with stun guns, but they failed to subdue him.
Officer Papi then fired his service weapon, fatally wounding Mr. Williams. An autopsy determined Mr. Williams died from multiple gunshot wounds.
An investigation by Wyoming County District Attorney Jeffrey Mitchell determined police made mistakes in serving the warrant, but there was no criminal wrongdoing.
The federal lawsuit seeks unspecified monetary damages for alleged violations of Mr. Williams' right to due process, battery and assault.
Copyright 2013 - The Times-Tribune, Scranton, Pa.
McClatchy-Tribune News Service
