By Jennifer Reeger Tribune-Review
GREENSBURG, Pa. — A Derry woman has filed a federal lawsuit against the borough and its police chief in federal court, claiming that her constitutional rights were violated when police lobbed 26 canisters of tear gas into her house during a 10-hour standoff.
Pamela Melnick, 49, of 300 N. Chestnut St. filed the lawsuit in U.S. District Court in Pittsburgh on Tuesday against Derry Borough and Police Chief Randy Glick over an incident in October.
Melnick’s attorneys, Susan N. Williams and Adam R. Gorzelsky, claim that their client was subjected to excessive force and that her due process rights were violated.
She is seeking compensatory damages for emotional distress, mental injuries and the loss of property value to her home along with punitive damages, costs and attorney’s fees.
Glick said on Wednesday he was unaware of the lawsuit and declined to comment. Derry Borough solicitor Rachel Riedel could not be reached for comment.
The lawsuit alleges that Melnick, who suffers from anxiety and depression, called an ex-boyfriend on Oct. 19 and told him she was going to commit suicide by overdosing on her medication and drinking alcohol.
Her ex-boyfriend contacted Derry police and informed them of her suicide threat. He also called Melnick’s son, Jonathan.
About 5 p.m., a Derry police officer arrived at Pamela Melnick’s residence but got no response from her. Family members could not reach her by cell phone.
About 7:15 p.m., Pamela Melnick’s daughter Holly got a call from Jeannette police asking her to call state police in Greensburg regarding a family member in Derry. When Holly Melnick called, a trooper informed her of Pamela Melnick’s suicide threats and said police were unsure whether she was dead or alive. The trooper asked Holly Melnick if there were any guns in her mother’s house. She told the trooper that her brother’s hunting rifles were in the house in a locked gun cabinet and that her mother had no idea how to use them, according to the lawsuit.
At the scene, Glick contacted the state police Special Emergency Response Team. The lawsuit alleges that decision was made despite the absence of any threat of violence made by Pamela Melnick toward officers and no knowledge of whether she was dead or alive.
When Jonathan Melnick arrived at his mother’s house about 8 p.m., he offered to go inside. However, the officers would not allow it and would not use his key to enter themselves, citing protocol, according to Pamela Melnick’s attorneys.
About 11 p.m., Pamela Melnick’s boyfriend, William Burrows, was able to reach her by telephone. The couple had three phone conversations, ending about 11:25 p.m. Pamela Melnick was crying and scared and told Burrows people were outside her house shouting her name, according to the lawsuit.
Glick ordered the SERT officers to deploy flash bangs and tear gas to get Pamela Melnick to leave the home, according to the lawsuit.
Pamela Melnick claims 26 tear gas canisters were shot into the residence, destroying 18 windows and their frames. The canisters damaged walls, and the flash bangs left carpeting burned, the lawsuit alleges.
Members of the SERT unit eventually sent a robot in. The robot located the gun chest and confirmed it was locked. Officers then entered the house and found Pamela Melnick in her bed, according to the lawsuit.
She was led from her house about 2:45 a.m. Oct. 20 and admitted to Excela Health Westmoreland Hospital to be evaluated.
The suit alleges while Pamela Melnick does not recall the incident, she has developed a subconscious aversion to the sound of breaking glass that has been diagnosed as Post-Traumatic Stress Disorder. The lawsuit alleges her house is not habitable and she has suffered significant emotional stress due to the incident.
Copyright 2012 Tribune Review Publishing Company
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