Jan. 10--A Fayette County woman claims that state police pepper sprayed her, poured cold water on her body and urinated on her while she was shackled and in custody last year.
The troopers in the case claimed sovereign immunity, arguing that subduing people, with force if necessary, is one of the acts law enforcement officers are employed to perform. But last week, Judge Gary L. Lancaster dismissed the troopers' request.
The allegations are not ones that fall within the scope of their employment, Judge Lancaster said, ruling that Derena Marie Madison can proceed with her lawsuit.
Joel Sansone, an attorney for Ms. Madison, said Judge Lancaster was right to deny the troopers immunity, saying their actions were "outrageous."
"There's never going to be a way to prove that it is your job as a sworn peace officer to urinate on a woman," he said.
Messages left with the attorney for the troopers were not returned Monday.
In August, Ms. Madison, 40, of Smithfield filed suit against Troopers Chad Weaver, Michael Zampagona , one whose last name is Cooley and two other unknown troopers in Fayette County's Uniontown barracks.
According to her lawsuit, Ms. Madison said she was a passenger in her car when state police pulled it over at 2:30 a.m. on Feb. 3 in Fayette County.
The driver was charged with drunken driving, and Ms. Madison said she was arrested and charged with public drunkenness and disorderly conduct after she protested having her car towed. Ms. Madison said she did not strike or kick any of the troopers.
Ms. Madison was transported to the state police barracks near Uniontown, where she said she was handcuffed and then shackled by her feet to a bench. Then, without justification, Trooper Weaver twice sprayed her face, head and body with pepper spray, Ms. Madison said.
Unable to wipe her face, she called for help and was taken outside by unknown persons and dumped in the snow, where she said she was doused with cold water.
She said she was briefly unconscious, and when she woke up, she felt and smelled urine on her face, neck and body. She believed one or more of the troopers urinated on her while she was unconscious.
Ms. Madison, who has a long docket sheet for past charges including harassment and DUI, pleaded guilty in June to the charge of disorderly conduct, then in August filed suit against the troopers, accusing them of violating her constitutional rights, inflicting emotional distress and assault and battery.
In November, the troopers filed their claim for sovereign immunity. Pennsylvania employees are immune from liability as long as the employees are acting within the scope of their employment.
But Judge Lancaster ruled that because Ms. Madison was handcuffed and shackled, the acts allegedly performed by officers do not fall under the category of conduct police are employed to perform.
Kaitlynn Riely: [email protected] or 412-263-1707.
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