An attorney for Fayette County and a former adult probation officer has filed a motion to dismiss a suit filed by the grandmother of one of the people he was supervising.
Carolyn Hixon, 64, of Scottdale claimed former probation officer James Williams came to her home looking for her grandson, Alfred Argiro III, on June 7, 2007.
Argiro was serving two years of probation for carrying a firearm without a license and other charges at the time.
While Williams was in the house, Hixon claimed she tried to ask him about what he was doing, but he refused to talk to her and allegedly knocked her into a stairwell wall, and down the basement steps.
Her attorney, Kenneth Baldonieri, claimed the fall caused a torn rotator cuff, head and neck injuries and vertigo. He also claimed Hixon suffers from anxiety and sleeplessness and contended the fall has hampered her overall quality of life.
Attorney Marie Milie Jones argued that there is no cause of action against the county.
She also argued that a claim that Williams violated Hixon's right against unwarranted search and seizure has no merit because Hixon was not subject to either.
Jones also said there was no evidence that Williams retaliated against Hixon because she exercised her First Amendment rights by questioning why Williams was searching Argiro's property.
U.S. District Judge David Stewart Cercone will decide on the matter, but has already thrown out several other claims in the lawsuit.