Harold Ricky Hughes Suing Police for Violating his Civil Rights

An Oklahoma Borough man is suing Vandergrift police for allegedly violating his civil rights in July 2007.

The federal lawsuit by Harold R. "Ricky" Hughes, of Thorne Street, was filed last month in the Westmoreland County Prothonotary's office in Greensburg and recently transferred to federal court in Pittsburgh.

In 2007 and until last month, Vandergrift provided police service for Oklahoma.

That borough voted last month to end police coverage by Vandergrift and relies on state police for patrols.

Hughes alleges that he saw Vandergrift police Sgt. Steve Callipare twice on one day fail to stop at two stop signs near the Hughes home. Hughes said he motioned for Callipare to pull over, and the officer pulled over and opened his window.

According to the suit, Hughes asked Callipare "if he thought he was above the law," and the men exchanged swear words.

Hughes claims the sergeant handcuffed him and put him into the police car. At the police station in Vandergrift, Callipare "grabbed Hughes by the back of his collar with force, hit him in the head and told him to move towards the police station," according to the lawsuit.

Hughes was charged with disorderly conduct.

At a preliminary hearing in October 2007, all state charges against Hughes were dismissed.

District Judge Bernice McCutcheon dismissed the disorderly conduct charge, but told Hughes he had other options rather than calling the officer over in what she termed a "ballsy move."

She said Hughes should have called the police chief to complain about the officer's driving rather than confront him.

In the lawsuit, Hughes' attorney Craig H. Alexander asserts the incident violated Hughes' free speech rights and the right protecting him from unreasonable search and seizure.

He alleges that Callipare and police Chief Joseph Caporali were "deliberately indifferent" to citizens' rights.

Defense counsel Paul D. Krepps said the case is properly in federal court.

"In this case, whether there was a conviction or not is irrelevant," Krepps said. "The issue is if there was probable cause for the officer to make the arrest. That will be up to a judge or jury to decide."

Krepps, who was a police officer in Pennsylvania and Florida before becoming an attorney, specializes in civil rights cases and was hired by the borough's insurance company.