Lancaster says Muñoz wrongful death suit should be dismissed

A wrongful death lawsuit brought by the mother of a Lancaster man fatally shot by a city police officer in September misstates facts surrounding his death and should be dismissed, according to attorneys for the city and the officer.

A key assertion in the February lawsuit brought by Miguelina Peña, the mother of Ricardo Muñoz, is that 911 was called because her son was having a mental health crisis.

To the contrary, attorneys for the city and officer said in their first response to the suit’s claims, Muñoz’s sister called 911 on Sept. 13 saying her brother was very aggressive, had punched the inside of a car, was trying to break into his mother’s home, that his mother was afraid of him and needed help “bringing him to the hospital or something.”

“Although (Muñoz’s sister) stated Muñoz suffered from schizophrenia and bipolar disorder, she did not state he was suffering from a mental health crisis on the day of the incident,” defense attorneys said in the response filed earlier this month in the U.S. District Court for the Eastern District of Pennsylvania.

The response also provides more information about Officer Karson Arnold, who shot Muñoz, saying the third-year officer was subject to an unprovoked attack responding to a domestic disturbance call. The city is defending Arnold.

The response also denies other claims, including that the city has a policy and practice of using excessive force, that Arnold should have waited for backup, and that he should have used a less lethal response.

Arnold, who was hired in July 2017, was the first to respond to the 911 call, arriving without using lights or siren on his cruiser and parking up the block before walking to the house on Laurel Street in the city’s southwest.

The shooting was recorded on his body camera, with portions of the footage released publicly later that night.

Arnold approached the front steps as Muñoz’s mother stood in the doorway. She stepped outside and away from the door as her son came rushing out with a knife, charging toward Arnold. Arnold retreated, then turned and shot Muñoz four times.

“In fear for his life, Officer Arnold, who is a husband and son and has a right to protect his life, discharged his firearm, which, as recognized by the Lancaster County District Attorney’s office, was justified, lawful and necessary,” the city said in its response.

Given the nature of the call, the city said, there was no time to wait for backup and Karson is legally permitted to use lethal response to protect himself and others — including Peña.

In October, District Attorney Heather Adams said Arnold had just four seconds to respond and that his use of deadly force was appropriate. A police department investigation determined he followed department policies and training.

Arnold immediately called for help and it soon arrived, but Muñoz was already dead, the city said, refuting another claim that Muñoz was denied medical care.

Arnold has never been named as a defendant in any other suit, nor has he been subject of any citizen complaint, the city’s response said. And he’s received two commendations for his commitment to city residents’ safety and has been complimented by New York City police for his help arresting a suspect in 10 armed robberies.

Other litigation

In denying the department fosters an atmosphere of excessive force, the city said there were only 11 lawsuits filed against the police department over the past 3 years, a period that saw officers respond to approximately 141,000 calls and make 6,430 arrests. Not one of those suits “resulted in a finding by the court, or a jury, that the city or its officers violated the constitutional rights of the litigant,” city attorneys wrote.

While that is technically true, it is also because the city — often on advice of its insurer — settles rather than going to trial. Such settlements are not an admission of wrongdoing by the city and are generally made to avoid expensive litigation costs.

LNP|LancasterOnline reported a year ago that the city had settled eight lawsuits totaling $326,000 between Oct. 2015 and April 2020. Settlements ranged from $10,000 to $100,000.

Though the city and Arnold are the primary defendants, Peña is also suing Lancaster County.

The county’s attorneys are asking a judge to remove the county from the case, saying the suit fails to show its policies led to a violation of Muñoz’s rights.

Peña and her attorneys have until May 24 to respond to the motions to dismiss. The case has also been referred to another judge for a settlement conference, which is common, and a May 20 pretrial conference has been scheduled to go over scheduling and related matters.

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Crédito: DAN NEPHIN | Staff Writer