Defendant in criminal case sues Washington County, claims his arrest was illegal
A Peters Township resident who was arrested by local police for allegedly violating conditions of his bond in a criminal case has sued Washington County and its chief adult probation and parole officer, claiming the action violated his rights.
James Carlo Quisenberry, 48, of McMurray, filed suit Tuesday in U.S. District Court, Pittsburgh, claiming the use of a “pre-signed” arrest warrant with no involvement or discretion exercised by a judge.
“The foregoing practice is flatly unconstitutional, has likely infringed upon the constitutional rights of hundreds of individuals, and must be halted forthwith,” wrote Quisenberry’s attorney, Wayne A. Ely of Bucks County.
Quisenberry named Jon T. Ridge as chief adult probation and parole officer, and the suit said, in addition to damages, (Quisenberry) “seeks declaratory and injunctive relief to stop the practice and ensure that the foregoing constitutional violations are not repeated by defendant Ridge.”
The suit also seeks a jury trial, punitive damages and attorneys’ fees.
Quisenberry was free on $5,000 unsecured bond after being charged by Cecil Township police with stalking, making terroristic threats and two counts of harassment related to phone calls to Washington County Judge Valarie Costanzo, his former girlfriend.
Senior Judge Gerald R. Solomon determined in August 2019 that Quisenberry had violated the terms and conditions of his bond in connection with a fight that broke out at a sandwich shop in Peters and ordered Quisenberry be incarcerated on the original set of charges. He was released in August 2019.
Peters Township police had also charged Quisenberry with a misdemeanor count of disorderly conduct in connection with the fight.
District Judge Jesse Pettit in early September of that year dismissed the charge filed in connection with the fight and reduced it to a non-traffic summary citation, for which the online docket entry shows a disposition of “guilty.”
Quisenberry’s case stemming from the phone calls is being prosecuted by the state attorney general’s office in Washington County Common Pleas Court.
It had been scheduled for trial last month, but Solomon, a Fayette County resident assigned by the state to the Washington County bench, recused himself because of his impending retirement and asked that it be assigned to another judge.
Patrick Grimm, Washington County court administrator, said Tuesday afternoon of the federal case, “I’m not aware of it. I haven’t seen it. I can’t comment on it.”
Jana Grimm, Washington County solicitor, did not immediately respond to an email inquiry.
Although the two have the same last name, they are not related.