Case 2:21-cv-04697 Document 1 Filed 10/26/21 Page 1 of 10

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ESTATE OF FANTA BILITY,

BY AND THROUGH SIDIKIE KAMARA, CWIL ACTION
AS ADMINISTRATOR OF THE ESTATE
OF FANTA BILITY No.

And

TENNEH KROMAH
JURY TRIAL DEMANDED
And

MAWATTA BILITY

And

ABU BILITY

And

BANGALEE BILITY

And

MAMASU BILITY,

Plaintffi

BOROUGH OF SHARON HILL

1110 Spring Street
Sharon Hill, PA 19079

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

JOHN SCANLAN, III

Sharon Hill Police Officer
I 1 10 Spring Street
Sharon Hill, PA 19079

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

Hill Police offrcers.

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

aforementioned statutory and constitution provision.

2. Jurisdiction lies over state law claims based on the principals of supplemental

jurisdiction, as codified at28 U.S.C. $ 1367.

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2' Jurisdiction lies over state law claims based on the principals of supplemental

jurisdiction, as codif,red at28 U.S.C. $ 1367.

3. The amount in controversy exclusive of interest and costs dramatically exceeds the

sum of One Hundred Thousand Dollars ($100,000.00).

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

Bility, and Mamasu Bility.

6. Tenneh Kromah is the mother of Fanta Bility.

7. Mawatta Bility is the sister of Fanta Bility.

8. Abu Bility, Bangalee Bility and Mamasu Bility are siblings of Fanta Bility.

9. Defendant Borough of Sharon Hill is a municipality, organized,by and through

the Commonwealth of Pennsylvania.

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

Department' s practices, policies, and procedures.

I 1. Defendant John Scanlan, III is a sharon Hill police officer.

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12. Defendant Devon Smith is a Sharon Hill police Officer.

13. Defendant(s) John Doe(s) are Defendant Police Officer(s) whose identity or

identities is/are currently unknown to Plaintiffs.

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

Sharon Hill, Delaware County, Pennsylvania.

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

against its driver and passenger.

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.

21. Without any justification or provocation, Defendants willfully and maliciously

caused the death of Fanta Bility and seriously injured Mawatta Bility.

22. The actions committed by Defendants constitute intentional misconduct,

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,

in violation of Plaintiffs' constitutional rights as set forth in the above paragraphs.

WHEREFORE, Plaintiffs demand judgment against Defendant Officers in an amount in

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

set forth herein at length.

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

and reckless with respect to potential violations of constitutional rights.

27 ' The Borough of Sharon Hill and its police chief were the moving force behind the

actions of the officer(s) that led to the death of Fanta Bility.

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.

WHEREFORE, Plaintiffs demand judgment against The Borough of Sharon Hill in an

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)

29. Plaintiffs incorporate the precedingparugraphs of this Complaint as if same were

set forth herein at length.

30' Defendant Officers acted under the color of law to create a danger that would not

have been present absent such conduct.

31. The Fourteenth Amendment to the United States Constitution guarantees Plaintiffs

the substantive due process right to be free from state-created dangers.

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32. Defendants violated this right by taking affirmative steps which placed Plaintiffs at

imminent and foreseeable risk of danger and harm.

33. The physical, emotional, developmental, financial, psychological, andlor

psychiatric harm that Plaintiffs suffered after being so placed was foreseeable, and directly and

proximately caused by Defendants' unconstitutional acts.

34. Defendants arbitrarily and capriciously deprived Plaintiffs of their due process

rights in the absence of any countervailing state interest.

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

established constitutional rights.

WHEREFORE, Plaintiffs demand judgment against Defendants in an amount in excess

of $ 100,000.00 plus interest, costs, attomey's fees, and punitive damages.

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

set forth herein at length.

37. As a result of the Borough of Sharon Hill's Constitutionally infirm policies,

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.

WHEREFORE, Plaintiff demands judgment against the Borough of Sharon Hill in an

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

set forth herein at length.

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

of Mawatta Bility constituting assault and battery.

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.

WHEREFORE, Plaintiffs demand judgment against Defendants as aforesaid, jointly and

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

set forth herein at length.

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.

WHEREFORE, Plaintiffs demand judgment against Defendants as aforesaid, jointly and

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

set forth herein at length.

46. Defendant Police Officers acted with extreme negligence when they fired into a

crowd of innocent bystanders.

47. Up to the moment of her death, Fanta Bility suffered severe emotional distress due

to Defendant Police Officers negligence.

48. Due to Defendant Police Officer's negligence, Mawatta Bility suffered a physical

impact which caused severe emotional distress.

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

severe emotional distress.

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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

by Defendant Officers to Fanta Bility and Mawatta Bility.

WHEREFORE, Plaintiffs demand judgment against Defendant Police Officers as

aforesaid, jointly and severally, in their personal and/or official capacity, plus interest, costs,

attorney's fees and punitive damages.

JURY DEMAND

Plaintiffs demand a trial by j,r.y on all claims issues so triable.

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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