Wrongful Death Suit Dismissal Sought In Fatal Shooting By Plymouth Township Police

PLYMOUTH TOWNSHIP, PA — Attorneys representing Plymouth Township in Montgomery County are asking a U.S. District Court judge to dismiss a federal civil rights lawsuit that was filed by the family of a man shot and killed by local police officers a year ago.

Lawyers for the municipality filed a partial motion to dismiss in federal court in Philadelphia on Aug. 1 in the case, which was initiated by the estate of Michael Paone, who was killed early last August by Plymouth Township Police officers who had been called out to a domestic incident involving the deceased man and his relatives.

Related: Family Of Man Fatally Shot By Montco Cops Files Wrongful Death Lawsuit

Paone's death occurred outside of the Plymouth Garden Apartments on Fayette Street following a report of a stabbing, Patch previously reported.

It was ultimately determined that the young man had slashed and stabbed his mother with a knife, after which he armed himself with a handgun, (which was later found to be a replica), and then refused police officer orders to drop the weapon.

Paone was ultimately shot and killed by police at the scene, and the Montgomery County District Attorney's Office subsequently cleared officers in the fatal shooting, saying the officers' actions were justified.

In the motion to dismiss filed in federal court by attorney Joseph Santarone, who represents Plymouth Township and the other defendants, listed as Police Officers Does 1-10, the defense argues that most of the 13 causes of action in the lawsuit fail to assert a valid cause of action and should be dismissed.

Various legal arguments are offered as to why most of the counts in the complaint should be dismissed against some or all of the defendants.

One argument, for example, is that a count of excessive force should be dismissed against the township, saying the municipality itself should not be held vicariously liable for the actions of one police officer.

The township also claims that it is immune from certain state-law claims in the federal lawsuit, since it is protected under the Pennsylvania Political Subdivision Tort Claims Act, which says, in part that, "no local agency shall be liable for any damages on account of any injury to a person or property caused by any act of the local agency or an employee thereof or any other person."

Some of the state-law claims were assault and battery, intentional infliction of emotional distress, and negligent infliction of emotional distress.

In addition to excessive force, some of the other federal counts in the complaint include procedural and substantive due process claims under the U.S. Constitution, a Fifth Amendment due process claim, conspiracy, municipal liability and failure to train.

On the latter, township attorneys say that, "Plaintiffs also made several conclusory statements concerning the alleged failure to train, which centered on Decedent's alleged mental health issues," the motion to dismiss reads. "However, nowhere in these allegations did Plaintiff allege facts, sufficient to satisfy [case law] that Plymouth Township officers have been frequently confronted with violent people with mental health issues and that the wrong choices by its officers have, in the past, frequently led to the deprivation of constitutional rights, such that the failure to provide additional training constitute deliberate indifference."

"Because Plaintiffs have not asserted factual claims with the necessary specificity, they have not demonstrably asserted a cause of action which rises above mere speculation," the motion says.

According to the court record, Paone had a documented history of mental illness, including obsessive-compulsive disorder with recurring thought, bipolar disorder with features of schizophrenia, delusions and paranoia.

On the night he died, the court record states, he was at home in the Plymouth Garden Apartment Complex that he shared with his mother and sister.

Around 10:45 p.m. on Aug. 3, 2021, after exhibiting symptoms of his mental illnesses, he stabbed his mother in her arms.

The sister ended up calling 911, and officers came out to assist.

Police asked the sister if Paone had any weapons, and she told them he had an airsoft pistol that resembled an actual firearm, but that was in reality a toy gun, according to court papers.

Police said they ended up fatally shooting Paone when he attempted to bend down and pick up his gun after he initially dropped it, according to the lawsuit.

The family of Paone filed their federal lawsuit on June 3 at the U.S. District Court for the Eastern District of Pennsylvania.

The officers involved in the shooting were cleared by county prosecutors in September 2021.