Ranjan
PITTSBURGH - A federal judge's recent ruling strips claims away from a lawsuit alleging a Pittsburgh police officer shot and killed a man within three seconds of the man answering his door.
Judge J. Nicholas Ranjan on June 6 took away constitutional claims asserted by the Estate of Brian Fisher, who was shot by officer Jordan Price in September 2022 during a wellness check on another person.
Remaining are so-called Monell claims, which allege a failure to implement policies led to Fisher's death - "Questions about the contours of those claims are better suited to be sorted out as discover occurs and at summary judgment or trial," Ranjan wrote.
On Sept. 1, 2022, Leah Hess' mother called Robinson Township Police to inform it she hadn't seen Hess in about 24 hours. Robinson PD sent officer Joseph Tomko to find her, which he did.
She was at Fisher's house in Pittsburgh, where she planned to stay for a week or two. Out of his jurisdiction, Tomko had Pittsburgh PD send an officer, Price, for the wellness check.
It is alleged Tomko aggressively knocked on the door without announcing himself as a police officer. Price says he saw a gun in Fisher's hand and shot three times, hitting Fisher in the chest.
The two officers retreated to the driveway and called for medical help. Neither performed any first aid to Price, the suit says, and the ambulance arrived about 10 minutes after the shooting.
Fisher was 43 years old. His sister Jamie brought a wrongful death lawsuit in August 2024, filed by Pittsburgh lawyer Monte Rabner of Rabner Law Offices.
"The... killing of an innocent citizen was without legal justification," the suit says.
Pittsburgh PD told the Pennsylvania Record that Price remains employed and that it could not discuss whether any disciplinary measures were taken. The District Attorney’s Office declined to pursue criminal charges, and PPD supported Price in his answer to the complaint.
In civil court, Pittsburgh and Robinson Township said they were protected from claims brought under the Fourth and 14th amendments.
Officer Tomko also avoids liability, as allegations he committed excessive force and failed to intervene in the shooting or administer medical aid failed. The plaintiff argued Tomko's aggressive knocking on the door escalated the situation.
"Plaintiff does not allege Tomko saw a firearm, felt he was in danger, instructed Price to shoot Fisher, or took any other action that represents the use of force," magistrate judge Patricia Dodge wrote May 8 in a report and recommendations to Ranjan.
"Simply put, Tomko did not shoot Fisher."
