2:24-cv-01234
W.D. Pa.May 8, 2025Background
- Plaintiff Jamie Fisher, as administratrix of Brian Fisher's estate, filed suit after Brian Fisher was fatally shot by Pittsburgh Police Officer Price during a wellness check initiated by Robinson Township Police Officer Tomko.
- The incident occurred at a residence in Pittsburgh, outside Tomko's jurisdiction, following a call expressing concern for the whereabouts of Leah Hess (who was with Fisher voluntarily and not in danger).
- Tomko and Price approached the house; Tomko knocked on the door without announcing as police, and Price shot Fisher seconds after Fisher opened the door, allegedly seeing a firearm in Fisher’s hand.
- Plaintiff alleged various constitutional and state-law claims, including excessive force, failure to intervene, failure to provide medical care, and Monell liability for inadequate training against the municipalities.
- Defendants filed motions to dismiss under Rule 12(b)(6); the court considered these motions at the pleading stage, before discovery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Excessive force claim against Tomko | Tomko's actions led to the shooting by creating circumstances | Tomko did not use any force or direct Price to shoot | Dismissed with prejudice (no personal involvement by Tomko) |
| Failure to intervene by Tomko | Tomko failed to stop Price from using lethal force | Tomko had no realistic time to intervene (shots fired quickly) | Claim can proceed (sufficiently pleaded at this stage) |
| Failure to provide medical care by Tomko | Tomko was deliberately indifferent by not rendering first aid | Ambulance called promptly; Tomko had limited first aid training | Claim can proceed (sufficiently pleaded deliberate indifference) |
| Monell liability—City of Pittsburgh | Inadequate training, established by pattern and history | No causal link; prior incidents irrelevant or outdated | Claim can proceed (plausibly stated Monell claim) |
| Monell liability—Robinson Township | Failed to train officers (allegations similar to Pitt. Cty.) | Allegations are generic without pattern/history | Dismissed without prejudice (leave to amend) |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading plausibility standard for Rule 12(b)(6))
- Ashcroft v. Iqbal, 556 U.S. 662 (describes the facial plausibility pleading standard)
- Monell v. Dep't of Soc. Servs., 436 U.S. 658 (establishes municipal liability standard under § 1983)
- West v. Atkins, 487 U.S. 42 (§ 1983 requires a constitutional violation by person acting under color of law)
- Graham v. Connor, 490 U.S. 386 (objective reasonableness standard for excessive force claims)
- City of Canton v. Harris, 489 U.S. 378 (municipal liability for failure to train only if deliberate indifference)
- Est. of Smith v. Marasco, 318 F.3d 497 (excessive force and medical care standards under § 1983)
- Fowler v. UPMC Shadyside, 578 F.3d 203 (Rule 12(b)(6) standard in the Third Circuit)
- Revere v. Mass. Gen. Hosp., 463 U.S. 239 (duty to provide medical care to non-incarcerated individuals injured by police actions)