Allegheny County, McCandless cop settle civil rights lawsuit over jail scuffle

Allegheny County and a McCandless police officer have settled a lawsuit by a Hampton man who claims his civil rights were violated when an Allegheny County Jail corrections officer handcuffed and shocked him with a Taser last year, officials told TribLive on Thursday.

“That feels good baby,” the lawsuit claims a corrections officer said to plaintiff Brian Estep, 30, who was being processed at the lockup on drunken-driving charges.

In December, Estep sued the county, an unnamed officer listed as “John Doe” and Patrick Jennings, a McCandless police officer, in Allegheny County Common Pleas Court. The case was moved in January to federal court in Pittsburgh.

Attorney Anthony Giannetti, who represents Estep, told TribLive the lawsuit was settled Monday “but there is a confidentiality agreement” that barred both sides from commenting or discussing terms of the settlement.

“There’s no admission of liability,” Giannetti said. “It was a fair settlement, I can say that.”

Estep was seeking a jury trial and compensatory and punitive damages of more than $75,000, according to the lawsuit.

County and McCandless officials refused to release details.

On Monday, at McCandless Council’s regular meeting, an agenda item listed a “potential motion” to resolve the pending litigation.

“It’s pending still, so I can’t make any comments on it,” Jason Singer, council president, said Thursday.

Township Manager John F. Schwend also declined to comment, citing pending litigation. Solicitor Stephen L. Korbel did not respond to phone calls or emails Thursday.

Abigail Gardner, an Allegheny County spokeswoman, also declined to comment.

“As a matter of policy, we don’t comment on lawsuits,” Jesse Geleynse, a jail spokesman, said Thursday.

‘One being combative’

McCandless police arrested Estep on Feb. 6, 2024, after a two-car crash around 2:20 a.m. in the North Hills and took him to the jail, according to a criminal complaint.

Police said Estep fought with them during the arrest and prior to the incident at the jail.

A short body camera video included with the lawsuit shows at least five uniformed officers, including the one taking the video, surrounding Estep in a holding cell at the jail.

“You’ve got one being combative,” one of the officers says as Estep is pushed against a wall.

While Estep was inside the holding cell waiting to be searched with his arms handcuffed behind his back, Jennings told his colleague, Officer Todd Ray, to leave the room because his chest-mounted camera was recording the encounter, the lawsuit claimed.

“Dude, get out of here; you got your (expletive) on,” Jennings said, according to the lawsuit.

“Close it,” Jennings ordered, motioning to the door.

Ray left the cell but kept his body camera on, the lawsuit said.

By then, Estep was on the ground. Within seconds of Ray leaving, the video appears to show, one of the people in the room shocked Estep with a Taser.

The camera picked up sounds of Estep grunting as the Taser was being deployed.

Brian Englert, president of the Allegheny County Prison Employees Independent Union, has said corrections officers at the jail typically do not carry a Taser.

Sergeants, however, who are employed by the county’s Bureau of Corrections, do typically carry Tasers, according to Englert.

Criminal case

Police charged Estep with various offenses, including DUI, aggravated assault and resisting arrest.

Estep was found guilty on the DUI and simple assault charges during a nonjury trial in September in front of Allegheny County Common Pleas Judge Edward J. Borkwoski.

He was found not guilty of aggravated assault. Prosecutors withdraw several other charges.

Borkowski sentenced Estep to 18 months of probation, court records show.

Allegheny County’s lockup topped the state list for use-of-force incidents involving a “stun device,” according to self-reported statistics compiled by the state Department of Corrections.

There were 183 such incidents at the Allegheny County Jail in 2023, the most recent available data — nearly 43% of the statewide total. That was followed by Berks County, which had 32 incidents, according to corrections data.