Woman Allowed to Proceed with Lawsuit Against State Troopers

A woman from Fayette County claims that state police officers sprayed her with pepper spray, poured cold water all over her, and urinated on her while she was shackled and in custody last year.

The officers involved in the case have claimed sovereign immunity as they argued that subduing people with force, if necessary, is an act that is permitted by law enforcement officers. Last week though, Judge Gary L. Lancaster dismissed the request by the officers involved.

Judge Lancaster said that the allegations do not fall within the scope of the officers’ employment, ruling that the lawsuit can proceed from Derena Marie Madison. The attorney for Madison, Joel Sansone, said that Judge Lancaster was correct in denying the officers immunity, claiming that what they did to Madison was outrageous.

“There’s never going to be a way to prove that it is your job as a sworn peace officer to urinate on a woman,” he said.

The lawsuit was filed by Madison back in August of 2011 against Troopers Chad Weaver, Michael Zampagona, a trooper whose last name is Cooley and two other unnamed troopers in Fayette County’s Uniontown barracks. Madison is from Smithfield.

Madison, according to the lawsuit, was a passenger in her own car when state police pulled it over. The incident began at 2:30 a.m. on February 3 in Fayette County.

The driver of the vehicle was charged with drunken driving and Madison said that she was arrested and charged with public drunkenness and disorderly conduct. The reason for her arrest was that she protesting having her vehicle towed. Madison, according to the lawsuit, said that she did not kick or strike any of the officers involved in the event.

Madison was taken to the state police barracks near Uniontown, where she claims she was handcuffed and then shackled by her feet to a bench in the station. Madison claims that she was then, without justification, pepper sprayed twice on her face, head, and body by Trooper Weaver. She was unable to wipe her face so she decided to call for help. This led her to be taken outside by persons unknown and dumped into some snow, where she claims she was doused with cold water.

Madison claims she was unconscious for a brief amount of time but when she woke up she felt and smelled urine on her neck, body, and face. She thinks that a couple of the troopers urinated on her while she was unconscious.

Madison has a pretty interesting criminal history that includes previous charges for harassment and DUI. She pleaded guilty in June to a charge of disorderly conduct and in August she filed the lawsuit against the troopers. Madison accused the troopers of violating her constitutional rights, causing emotional distress, and assault and battery.

The troopers filed their claim for sovereign immunity back in November. Employees in Pennsylvania are immune from liability so long as they are acting within the scope of their employment position.

Because Madison was handcuffed and shackled, Judge Lancaster ruled that the alleged acts performed by the officers do not fall under the category of their employment, ruling out immunity.