Judge backs dismissal of suit against officers
A federal judge in Pittsburgh has recommended the approval of a summary judgment and dismissal of a lawsuit filed against the city of Uniontown and three city police officers. In 2006, Russell Brooks filed the suit claiming Uniontown officers Donald M. Gmitter, Jonathan Grabiak and Michael Garrow Sr. pursued a false charge against him for an alleged threat he made during a call to Fayette County 911.
On Wednesday, U.S. Magistrate Judge Lisa Pupo Lenihan recommended approval of a motion by the city and Uniontown police following a review of the case.
According to court records, the suit was filed after an incident at Brooks’ home on Mount Vernon Avenue in 2004.
Garrow was responding to a separate incident near Brooks’ residence when Brooks began to verbally attack Garrow and ordered him to leave the area.
Garrow radioed for backup, and Gmitter arrived at the scene, records indicate. At that point, Brooks allegedly called Fayette County 911 and told the dispatcher that he was going to have someone come to his house with a gun and shoot the police in his yard.
County 911 dispatchers then contacted police and informed them of the alleged threat and Brooks was subsequently arrested. Uniontown police charged him with public drunkenness, terroristic threats, harassment and disorderly conduct.
In her recommendation, Lenihan said that while Brooks denied making threats and claimed he actually wanted state police to respond to his Uniontown home because of the altercation with police, Uniontown officers could not have known that Brooks’ alleged threat was in actuality in reference to state police responding to the residence. She also noted in her recommendation that “probable cause existed for his arrest on all charges.”
Brooks was convicted of the disorderly conduct charge.
He was sentenced to one year of probation and later lost an appeal of the decision in Superior Court.