Man sues city, CYF over rape charges

A 43-year-old Hill District man filed a federal lawsuit Thursday accusing the city of Pittsburgh and employees of Allegheny County Children Youth and Families of jumping the gun and ignoring exculpatory evidence when their communications led to the filing of rape charges against him two years ago.

John E. Anderson Sr. was in the process of a bitter divorce, he said in his complaint, in which he and his ex-wife, Nicho Bolden-Anderson, were battling over custody of their son and a daughter she had from a former relationship.

At one point, according to Mr. Anderson's complaint, Ms. Bolden-Anderson accused Mr. Anderson of assaulting the daughter. An initial Children, Youth and Families investigation, according to the complaint, found the accusations "unfounded." They resolved the custody fight by agreeing to place the son with the father, and the daughter with the mother.

However, Ms. Bolden-Anderson made new allegations that Mr. Anderson had sexually abused the daughter. CYF employees reported that charge to the Pittsburgh police.

Mr. Anderson, in his complaint, said that the accusation should have been discounted because a 2000 accident rendered him unable to perform the alleged sexual acts. It also said that investigators should have recognized that the accusations came in the context of a bitter custody dispute in which other charges had proved unfounded.

He was, nonetheless, criminally charged with rape, indecent sexual assualt of someone under 16, and statutory rape. He was arrested and posted bond. The charges were dropped in January of this year.

The complaint by Downtown attorney Peter H. Kurzweg said that the city, CYF, Ms. Bolden-Anderson and the daughter combined to violate Mr. Anderson's rights through unreasonable searches and seizures, false arrest, malicious prosecution and false imprisonment.

A CYF spokeswoman had no immediate comment. The city's solicitor, Mr. Kurzweg, Mr. Anderson and Ms. Bolden-Anderson could not be immediately reached.

First published on April 22, 2011 at 9:53 am