McKeesport agrees to settle federal lawsuit

Three city residents sued over civil rights violations relating to a search for a suspect in 2020.

The City of McKeesport will pay $127,500, and its police department will receive training following the settlement of a federal lawsuit brought by three residents who accused police of civil rights violations during a 2020 incident.

Under the agreement, plaintiffs Courtney Thompkins, Ezra Dixon and Kim Neal will each receive $25,000 from McKeesport. In addition, the American Civil Liberties Foundation of Pennsylvania will get $52,500 to cover attorneys’ fees and costs.

Under a separate agreement, Allegheny County will pay $12,500 to help cover the plaintiffs’ legal costs.

The three plaintiffs filed the lawsuit in December 2023 in Allegheny County Common Pleas Court against the city, the county and several McKeesport police supervisors and officers. It was later moved to federal court.

They criticized the police response to the shooting of Officer Geriasimo Athans by Koby Francis on Dec. 20, 2020. Neal is Francis’ mother. The three accused McKeesport police of illegally searching them and holding them at gunpoint as police sought Francis.

The settlement will require the McKeesport police to receive training this year on various aspects of policing, including “searches and seizures, warrantless searches, traffic stops, community policing and racial sensitivity.”

McKeesport Mayor Thomas Maglicco said although it was a tragic series of events, it has led to some efforts within the police department to reform.

“We’re actually going to do our first community event, kind of community policing event, out at the main pavilion in Renzie Park,” Maglicco said. “I believe it’s going to be March 21, and it’s just a chance for the residents to meet the police officers and meet the new police officers.

“We’re going to do those periodically throughout the year. So it’s a good opportunity for community policing and building that relationship with the community.”

The settlement also requires the city to have at least three public safety forum meetings each year, including in 2026.

“The public safety meetings will be conducted at reasonable dates and times, scheduled approximately four months apart, and will take place at rotating locations in different neighborhoods within the McKeesport city limits,” the settlement reads. “At least one member of the Command Staff — that is, the Chief, Assistant Chief, or Captain — for the McKeesport Police Department will attend each meeting.”

The city is also expected to change its citizen complaint policy by allowing residents to file complaints anonymously through an online form that can be accessed on the McKeesport website. The city is expected to investigate each complaint within 15 days.

The settlement also asks for the city to create an “After Action” plan to investigate incidents that happened during the 2020 search for Francis. The police leadership of the city and the county are expected to conduct the investigation and share findings with McKeesport officials. As part of the settlement, the defendants — the city, county, Adam Alfer, Mark Steele, Dante Diberadin — were dismissed. At the time the suit was filed, Alfer was police chief, Steele was assistant chief and Diberadin was a police officer.

None of them are with the police department any longer.

The lawsuit was resolved in October, but the agreement was not disclosed until Tuesday in federal court in Pittsburgh when a judge approved dismissing the defendants with prejudice.

The incident that gave rise to the lawsuit began when Francis was accused of violating a restraining order obtained by the mother of his child.

Francis was arrested and Athans, the McKeesport police officer, was to take him to the police station.

Athans, however, failed to pat down Francis, who was handcuffed. Athans got Francis out of his car. The suspect’s stillcuffed hands were in front of his body, and he was holding a revolver.

He shot Athans twice. Francis fled, resulting in a nine-day manhunt before he was arrested in West Virginia. He pleaded guilty to attempted homicide, possession of a prohibited firearm and other charges on May 30. He was sentenced to 15 to 30 years in prison.

The lawsuit alleged that the police search targeted Black McKeesport residents with tactics such as brandishing firearms, demanding entry into homes at gunpoint without a warrant and using excessive force during traffic stops.

One part of the agreement emphasizes that the settlement is not an admission of liability for Allegheny County.

“This settlement agreement is in compromise of a disputed claim or claims embodied in the lawsuit filed by plaintiffs and is entered into to avoid further costs and expense of protracted litigation of the matter,” the agreement reads. “Neither this settlement agreement nor the payment being made hereunder shall be construed as an admission of liability or wrongdoing on the part of Allegheny County or its officers and employees, such liability or wrongdoing being expressly denied on behalf of and by Allegheny County.”

TribLive contributed to this article.