City to pay $40,000 in civil rights lawsuit

Pittsburgh City Council on Tuesday approved spending $40,000 to settle a federal civil rights lawsuit against the city and a police officer.

The American Civil Liberties Union of Pennsylvania brought the litigation on behalf of three African-American residents who endured police harassment after they prevented a fight in their Oakland neighborhood, the ACLU said in a statement. City officials did not immediately comment Tuesday.

The matter dates to Sept. 28, 2013, when lead plaintiff Teresa Brown, daughter Monica Jackson and a neighbor, Anthony Grace, said they were on Ms. Brown’s Ward Street porch. They saw a group of men nearby who appeared ready to fight, and Ms. Brown, a constable, walked over to break it up, according to the ACLU.

She soon explained what had happened to city police Officer

Elizabeth Vitalbo — who responded to the scene — but Officer Vitalbo accused Ms. Brown of lying and threatened to arrest her, the ACLU said. Ms. Jackson tried to record the incident but stopped after Officer Vitalbo threatened her with arrest, too, according to the litigation.

As many as 20 more police officers showed up, one of them slamming Mr. Grace against a porch railing and frisking him, the ACLU said. It said all three plaintiffs were detained for an hour.

The ordeal “really, really harmed Ms. Brown’s respect for the police and really seriously hurt her,” ACLU staff attorney Sara Rose said. “And so, for her, this [legal action] is really about asserting or vindicating her reputation. She really wants to make sure this case helps to encourage the department to make sure that police are trained” to strengthen relationships in the community.

Five months later, after filing complaints about Officer Vitalbo’s actions, the plaintiffs received citations for unreasonable noise, according to the ACLU. All three were found not guilty, their complaint shows.

Efforts to reach Officer Vitalbo were unsuccessful Tuesday.

Under the payouts authorized by city council, Ms. Brown will receive $7,500; Ms. Jackson, $6,908; and Mr. Grace, $7,202. The ACLU of Pennsylvania will receive $17,500 for legal expenses. The city treasurer’s office will get the rest of the money. The ACLU filed the lawsuit in 2015.

The city assured the ACLU that it has adopted policies underscoring the public’s ability to record official police activity, Ms. Rose said. Reggie Shuford, executive director at the ACLU of Pennsylvania, voiced gratitude for the city’s decisionto settle the case.

“The First Amendment protects the public’s right to record police performing their official duties,” he said in a statement. “… Police officers must be made aware of the public’s right to record them as they carry out their duties in public.”