ICE protest arrests spark 1st Amendment lawsuits against Ambridge police

Two people arrested by Ambridge police for protesting during an immigration raid over the summer are suing the Beaver County borough and its officers in federal court.

Two separate complaints alleging malicious prosecution and violations of First Amendment rights were filed in U.S. District Court in Pittsburgh on Wednesday by Isaac Elias and Katherine Melson.

They name as defendants Ambridge and Beaver County, as well as Ambridge Officer Michael Longo.

Additionally, Elias is suing Sgt. Sokheng “Jason” Seng, while Melson is suing Sgt. Alfred Bialik and Lt. John Chickos.

On July 31, ICE agents conducted a “saturation patrol” in Ambridge and arrested 12 Latino people, the lawsuit said.

According to Casa San Jose, a Pittsburgh community group that advocates for Latinos, the arrests began around 8 p.m. in streets near Monroy Super Market, which specializes in Latin American, South American and Caribbean products.

Elias, 43, who is a Mexican-American/Filipino-American business owner, saw the agents that evening and contacted Casa San Jose to let them know about the saturation patrol.

About 40 volunteers responded to serve as observers, including Melson and her wife, Amy Mathieu, who is an attorney.

ICE completed the patrol around 10:40 p.m., and observers went to the Ambridge Police Department parking lot, the lawsuit said.

While there, Elias removed a large protest sign from his car that said “No Justice, No Peace” and began to march, chanting “Shame.”

“Various Ambridge police officers mocked Mr. Elias’ chants, stating, ‘who’s shame?’ and ‘where’s shame?’ the lawsuit said.

Elias planned to march around the station seven times to emulate a Biblical story in which the Israelites marched around Jericho’s walls seven times.

However, the complaint said, he was arrested before completing even one lap.

“Without warning, defendant Seng grabbed Mr. Elias’ right arm, while defendant Longo grabbed his left arm. They then handcuffed him and swiftly took him into the police station,” the lawsuit said.

Melson’s arrest

After Elias’s arrest, the group of protesters, including Melson, stepped back, the lawsuit said, but officers directed them farther away.

Chickos, the complaint said, told them to step behind a tree about 10 to 15 feet away. Bialik ordered Melson to go behind the tree, the complaint said.

When she asked why, Bialik answered “’because we’re taking someone into custody,’” according to the complaint.

However, Elias had already been arrested, the lawsuit said. Less than 30 seconds later, it continued, Bialik put his hands on Melson and tried to physically move her.

Five seconds after that, the complaint said, Chickos and Longo handcuffed her.

“At no time leading up to her arrest did Ms. Melson touch any police officers, raise her voice, or threaten anyone,” the lawsuit said. “Although other observers did not move behind the tree when directed, Ms. Melson was the only one to be arrested.”

Melson’s wife identified herself to police and told them she was a lawyer, the lawsuit said.

Officers refused to tell her why Melson was arrested, “stating she had not requested counsel,” according to the complaint.

The lawsuit alleges that while entering the police department, Chickos repeatedly pinched Melson under her arms with such force it left bruises.

He also threw her around inside the station and an unknown officer kicked her in the leg, the complaint said.

The complaint claims Melson was never read her Miranda rights or told she could request an attorney.

Melson, 45, and a registered nurse, remained at the Ambridge Police Department for about 90 minutes before being taken to the Beaver County Jail, where she said she was strip-searched, placed in a body scanner and dressed in prison uniform.

Despite Melson and Elias repeatedly asking for an attorney, the lawsuit said, jail officials told them per the lockup’s policy, they couldn’t speak to a lawyer until after arraignment.

They spent the night in jail. Elias was released about 5:20 p.m. and Melson 40 minutes later. Both had to post bond.

Melson was charged with obstruction, resisting arrest, disorderly conduct and harassment.

Elias was charged with disorderly conduct for making unreasonable noise and resisting arrest.

Charges dropped

On Aug. 12, the Beaver County District Attorney’s Office agreed that charges would be dismissed against Melson and Elias if they completed 25 hours of community service.

They did so, and on Sept. 16, a district judge dismissed the charges.

Beaver County District Attorney Nate Bible said it’s not unusual for his office to resolved charges through community service.

“Sometimes emotions run high in situations like that,” Bible told TribLive Friday. “I don’t see the need to have this follow them around on their permanent record.”

Bible said the arresting officers agreed with the resolution.

The lawsuits include claims for unlawful seizure, malicious prosecution, violation of First Amendment rights to free speech and peaceable assembly, as well as excessive force and denial of the right to counsel.

Melson is also suing for battery, while Elias’ suit includes a claim for deprivation of property for the failure of the police department to return his sign, which he has used since 2020.

Messages left with Ambridge police and the Beaver County solicitor Friday morning were not immediately returned.