Jul 2, 2015 4 min read

The case of a Pittsburgh man who was run over by a drunken driver in Washington nearly four years ago and sued the city police department is making its way through federal court.

The lawsuit was filed in U.S. District Court in October 2013, and several city officials recently were called to give out-of-court testimony, including Mayor Brenda Davis, current police Chief Chris Luppino and several former police chiefs. The discovery period for the civil lawsuit ends Aug. 3, at which time the parties could settle or head to trial.

Jerry L. Ray, 50, of Pittsburgh, filed the lawsuit against police officers Michael Cain and James Markley, as well as the city police department as an entity. The county district attorney’s office also was named as a defendant, but it was later dismissed by a judge.

City police Lt. Dan Stanek said Ray was intoxicated when he was found lying on the road near the intersection of Jefferson Avenue and West Chestnut Street in October 2011, according to an Observer-Reporter article published after the incident.

Ray was handcuffed while he was still lying on the road, at which time James Risbin of Washington drove down the road and ran over Ray. Ray suffered multiple injuries and was flown by helicopter to UPMC-Mercy hospital, Pittsburgh.

Ray claimed Markley violated his duties as a police officer by dodging the vehicle, while Ray was left “vulnerable, immobilized, handcuffed and exposed to serious bodily injury or death,” according to the complaint.

Stanek told a reporter in 2011 that Markley was trying to help Ray get up when he saw the vehicle and realized the driver was not going to stop.

“Markley dived out of the way so he didn’t get hit,” Stanek said at the time. Cain reportedly was walking back to the police cruiser when Ray was struck.

The complaint alleges the two officers subjected Ray to danger, excessive force and battery by failing to redirect traffic away from the scene or position the police cruiser in a way that would have protected Ray.

Jack Cambest, who is representing the police department, said he could comment on the case only from a procedural perspective.

“Basically, the complaint right now comes down to (whether) the city acted appropriately when Mr. Ray was in custody as a result of being arrested for public intoxication,” he said.

Both Markley and Cain are still employed by the police department. Ray never faced charges stemming from the incident. Risbin was charged with driving under the influence of alcohol and was admitted into the Accelerated Rehabilitative Disposition program.

Ray’s attorneys, Gary J. Ogg and David Kennedy Houck of Pittsburgh, claim Ray should have been consulted before Risbin was given a penalty because Ray had rights under the state’s Victims Compensation Assistance Program.

“He got the ARD program without Jerry Ray being consulted about his injuries,” Ogg said. “Typically, the police call the victims and see how hurt they are and whether or not there’s any issues as far as giving somebody that first-time offenders program.”

Several counts in the complaint were dismissed by a judge, including Ray’s claim he was denied due process as a victim and the claim the police department failed to properly train its officers. Claims for punitive damages against the two police officers in their official capacities also were dismissed.

According to Ogg, Ray still suffers long-term effects from his orthopedic and head injuries.

Neither Luppino nor Davis had their current positions at the time of the incident. Luppino was promoted to the position of police chief in May 2013, replacing former chief Robert Wilson, who abruptly retired a week prior. Robert Lemons served as police chief prior to Wilson, and James Blyth was the police chief at the time of the incident involving Ray.

Ogg said Luppino and Davis were being questioned to determine what training techniques and practices are currently being used by the police department.

He said they would be willing to negotiate a settlement, but he expects the case will go to trial.

“I’m not optimistic, but certainly if Washington wants to sit down and try to figure this out, I’ll listen,” he said.