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Family Sues Sharon Hill Borough For Police Shooting of 8-Year-Old Girl Fanta Bility
Family Sues Sharon Hill Borough For Police Shooting of 8-Year-Old Girl Fanta Bility
And
TENNEH KROMAH
JURY TRIAL DEMANDED
And
MAWATTA BILITY
And
ABU BILITY
And
BANGALEE BILITY
And
MAMASU BILITY,
Plaintffi
And
JOSEPH J. KELLY JR
Sharon Hill Chief of Police
(In His Official Capacity)
1110 Spring Street
Sharon Hill, PA 19079
And
Case 2:21-cv-04697 Document 1 Filed 10/26/21 Page 2 of 10
And
DEVON SMITH
Sharon Hill Police Officer
I I l0 Spring Street
Sharon Hill, PA 19079
And
John Doe(s)
Sharon Hill Police Officer(s)
I I l0 Spring Street
Sharon Hill, PA 19079
Defendants.
COMPL./IINT
INTRODUCTION
This case involves the death of 8-year-old Fanta Bility who, according to the Delaware
County, Pennsylvania District Attorney, was shot at by three Sharon Hill police officers, and died
of a gunshot wound. This case seeks answers and damages for the tragic and unnecessary death of
Fanta Bility and the injury and trauma inflicted on others as a result of the misconduct of Sharon
JURISD ICTION
1. This action is brought pursuant to 42 U.S.C. $ 1983 and the Fourth Amendment to
the united States constitution. Jurisdiction is founded on 28 u.s.c. $$ 133 I and 1343(3) and the
2. Jurisdiction lies over state law claims based on the principals of supplemental
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2' Jurisdiction lies over state law claims based on the principals of supplemental
3. The amount in controversy exclusive of interest and costs dramatically exceeds the
VENUE
4' All the claims herein arose within the jurisdiction of the United States District Court
for the Eastem District of Pennsylvania and involve Defendants who reside within the
jurisdictional limits. Venue is accordingly invoked pursuant to the dictates of 28 U.S.C. 1391(b)
$
and (c).
PARTIES
5' Plaintiffs in this matter are the Estate of Fanta Bility through Sidikie Kamara as
Administrator of the Estate of Fanta Bility, Mawatta Bility, Tenneh Kromah, Abu Bility, Bangalee
8. Abu Bility, Bangalee Bility and Mamasu Bility are siblings of Fanta Bility.
10. Defendant Joseph J. Kelly Jr., at all times relevant hereto, was the Borough of
Sharon Hill's Chief of Police employed by and the agent of the municipality. At all times relevant
hereto Joseph J. Kelly Jr., was charged with maintaining and enforcing the Sharon Hill Police
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13. Defendant(s) John Doe(s) are Defendant Police Officer(s) whose identity or
FACTS
14. On August 21,2021at approximately 9:00 PM, at least three Sharon Hill Police
Officers unreasonably, and with a specific intent to kill, fired multiple gunshots from their semi-
automatic Borough-issued pistols at persons in a moving car, the bullets traveling beyond the
moving car into a crowd of innocent bystanders who were exiting a high school football game in
15. The occupants of car were unarmed, engaging in no criminal activity, and did not
pose any threat at all to the police off,rcers or the community at large. The driver of the car was in
fact an innocent l9-year-old woman with innocent another woman of similar age in the front
passenger seat. No other persons were in that car when the police unreasonably used deadly force
16. Fanta Bility and Mawatta Bility were injured by bullets fired by the police.
17. Tenneh Kromah, Abu Bility, Bangalee Bility, and Mamasu Bility were witnesses
to the injuries sustained by Fanta and Mawatta Bility and within the zone of danger of the
shootings.
18. Fanta Bility later succumbed to her injuries after lying conscious in her mother's
arms while her mother attempted to comfort the terror-stricken little girl before she died.
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COUNT ONE
vroLATroN oF42 U.S.C. $ 1983
EXCESSIVE FORCE
(Estate of Fanta Bilitv and Mawatta Bilitv v. All Defendant Police Officers)
19. Plaintiffs incorporate the preceding paragraphs of this Complaint as if same were
set forth herein at length.
20. Defendants used excessive force thereby violating Fanta and Mawatta Bility's
rights under the laws of the Constitution of the United States, in particular the 4th and
14th Amendments and their rights under the Constitution and laws of Pennsylvania.
caused the death of Fanta Bility and seriously injured Mawatta Bility.
unreasonable and excessive use of force, and deliberate indifference to Plaintiffs' constitutional
rights leading directly to Fanta Bility's injury and resulting death, and Mawatta Bility's injuries,
excess of $100,000.00, plus interest, costs, attorney's fees, and punitive damages.
COUNT TWO
vroLATroNS oF',42 U.S.C. $ 1933 FATLURE TO TRArN
(Plaintiffs v. Boroueh of Sharon Hill and Defendant Police Chief Kelly)
23 ' Plaintiffs incorporate the preceding paragraphs of this Complaint as if same were
24. The Borough of Sharon Hill and its chief of police have a duty to maintain policies
and practices related to use of deadly force, consistent with Pennsylvania Law and the U.S.
Constitution.
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25. The Borough of Sharon Hill and its chief of police have a policy, custom or practice
of ignoring the appropriate standards for use of deadly force, and/or has failed to train its officers
appropriately.
26. As such, The Borough of Sharon Hill and its agents were deliberately indifferent
27 ' The Borough of Sharon Hill and its police chief were the moving force behind the
28' The Borough of Sharon Hill's policies, practices and/or customs led its officers
andlot agents to believe that they could violate the constitutional rights of Plaintiffs with impunity
and with the tacit approval of the Borough of Sharon Hill and its chief of police. The Borough of
Sharon Hill's policies, customs andlor practices were a direct proximate cause of the injuries
suffered by Plaintiffs.
amount in excess of $100,000.00 plus interest, costs, attorney's fees, and punitive damages.
COUNT THREE
vroLATroNS oF 42 U.S.C. $ 1933 STATE CREATED DANGER
(All Plaintiffs v. All Defendants)
30' Defendant Officers acted under the color of law to create a danger that would not
31. The Fourteenth Amendment to the United States Constitution guarantees Plaintiffs
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32. Defendants violated this right by taking affirmative steps which placed Plaintiffs at
psychiatric harm that Plaintiffs suffered after being so placed was foreseeable, and directly and
34. Defendants arbitrarily and capriciously deprived Plaintiffs of their due process
35. Plaintiffs substantive due process rights to be free of state-created dangers were
clearly established constitutional rights at the time of Defendants' acts and omissions, and a
reasonable individual would have known that their acts and omissions would violate these clearly
COUNT FOUR
vIoLATIoNS oF 42 u.s.c. $ 1983 (Monell) UNCONSTITUTIONAL POLICY,
PRACTICE OR CUSTOM
(Estate of Fanta Bility v. Boroueh of Sharon Hill)
36. Plaintiff incorporates the preceding paragraphs of this Complaint as if same were
customs, supervision and practices described above, Fanta Bility was deprived of her life without
due process of law, and in violation of her constitutional rights in under of the Fourth and
Fourteenth Amendments to the United States Constitution.
amount in excess of $100,000.00, plus interest, costs, attomey's fees, and punitive damages.
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COUNT FIVE
ASSAULT AND BATTERY
(Estate of Fanta Bility and Mawatta Bilitv v. All Defendants)
38. Plaintiffs incorporate the preceding paragraphs of this Complaint as if same were
39. By the conduct set forth above, by physically assaulting, battering, shooting, and
killing Fanta Bility, Defendants, each individually and jointly and/or severally, used unreasonable
force, caused and intended to cause, harmful and offensive contact leading directly to contact with
the body of Fanta Bility constituting assault and battery on her person ultimately resulting in her
death.
40. By the conduct set forth above, by physically assaulting, battering, and shooting
with specific intent to harm another leading directly to injuring the body of Mawatta Bility,
Defendants, each individually and jointly andlor severally, used unreasonable force and caused
and intended to cause harmful and offensive contact with another resulting in injury to the body
41. As a direct and proximate result of the aforementioned conduct, Fanta Bility
suffered physical injury and pain, emotional distress, humiliation, mental and physical pain and
anguish as well as economic and such other losses as will be established at trial.
42. As a direct and proximate result of the aforementioned conduct, Mawatta Bility
suffered physical inj,r.y and pain, emotional distress, humiliation, mental and physical pain and
anguish as well as economic and such other losses as will be established at trial.
severally, in their personal andlor official capacity, plus interest, costs, attorney's fees and punitive
damages.
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COUNT SIX
PENNSYLVANIA WRONGFUL DEATH AND SURVIVOR ACT
(Estate of Fanta Bilitv v. All Defendants)
43. Plaintiff incorporates the preceding paragraphs of this Complaint as if same were
44. The estate of Fanta Bility seeks damages under 42Pa. C.S. sec. 8301 et. sec. for
wrongful death and42 Pa. c.s. sec. 8301 et. sec. for survivor damages.
severally, in their personal andlor official capacity, plus interest, costs, attorney's fees and punitive
damages.
COUNT SEVEN
PENNSYLVANIA NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
(All Plaintiffs v. All Defendant Police Officers)
45. Plaintiffs incorporate the preceding paragraphs of this Complaint as if same were
46. Defendant Police Officers acted with extreme negligence when they fired into a
47. Up to the moment of her death, Fanta Bility suffered severe emotional distress due
48. Due to Defendant Police Officer's negligence, Mawatta Bility suffered a physical
49. Plaintiffs Tenneh Kromah, Abu Bility, Bangalee Bility and Mamasu Bility were all
present at the zone of danger cause by Defendant Police Officers' negligence, and thus suffered
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50. Plaintiffs Tenneh Kromah, Abu Bility, Bangalee Bility and Mamasu Bility all
suffered severe emotional distress from contemporaneously witnessing the tortious injuries caused
aforesaid, jointly and severally, in their personal and/or official capacity, plus interest, costs,
JURY DEMAND
Su
Date:10/26/21 By
L. Castor, Jr.
o.46370
T. van der Veen
I.D. No. 75616
Attorneys for Plaintiffs
1219 Spruce Street
Philadelphia, PA 19107
P: (215) s46-1000
F: (215) 546-8s29
E: [email protected]
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