City, officer to pay man who was beaten, shot

The city of Pittsburgh will pay the bulk of a $44,500 settlement of a federal lawsuit driven by a 2008 case of mistaken identity, and a controversial police officer's insurer will pay a fraction, the plaintiff's attorney said today.

Pittsburgh Police Officer Paul G. Abel Jr. is responsible for $4,500 of the settlement, said James E. DePasquale, attorney for Kaleb Miller, 23, who sued the city and officer last year. He said Officer Abel's homeowner's insurer agreed to the payment.

Mr. Miller had said in his U.S. District Court complaint that an off-duty Officer Abel grabbed him by the shirt, ordered him to the ground, put a pistol to his head, struck him with the gun, and shot him in the hand. Officer Abel had been drinking, and someone struck him earlier, and he apparently believed that Mr. Miller was his erstwhile assailant.

The lawsuit followed a decision by Allegheny County Common Pleas Judge Jeffrey Manning that Officer Abel was not guilty of any crime. Fired by the city, he was reinstated by a labor arbitrator.

"What Abel did was clearly wrong," said Mr. DePasquale. "I believe that he clearly acted as a police officer." He said the settlement amount was influenced by the modest injuries to Mr. Miller, a South Side hospitality worker.

Officer Abel has faced three complaints before the city's Citizen Police Review Board.



First published on November 30, 2010 at 12:43 pm