The parents of 17-year-old Antwon Rose II, who was shot and killed by an East Pittsburgh police officer in June, are suing the University of Pittsburgh for failing to properly discipline Officer Michael Rosfeld when he worked there and then allowing him to resign without any notice in his file.
The lawsuit, filed Monday in Allegheny County Common Pleas Court by Antwon's mother, Michelle Kenney, and father, Antwon Rose Sr., alleges negligence and misrepresentation or nondisclosure and seeks financial compensation.
A Pitt spokesman said he could not comment on pending litigation.
Antwon was shot and killed by Officer Rosfeld on June 19, as he fled a traffic stop. The teen was unarmed.
Officer Rosfeld had stopped the car in which Antwon was a front-seat passenger, after it was allegedly involved in a drive-by shooting in North Braddock minutes earlier. Antwon got out of the vehicle to flee, and Officer Rosfeld fired three shots, hitting Antwon in the face, arm and back.
Officer Rosfeld, who had been sworn in as an East Pittsburgh officer that day, faces a single count of homicide.
Officer Rosfeld was hired by Pitt in 2012. He was suspended in December 2017, two days after he arrested three men at the Garage Door Saloon on Atwood Street in Oakland.
There was a scuffle at the bar the night of Dec. 9, and Officer Rosfeld arrived and charged Jacob Schilling, Timothy Riley and Daniel Humphrey with simple assault, defiant trespass, disorderly conduct and public drunkenness.
But when the men appeared for their preliminary hearings 12 days later, all of the charges were withdrawn.
District Attorney Stephen A. Zappala Jr. said previously that he was told by his detectives that the charges filed in the case did not match available video evidence, which is why they were withdrawn.
But the owner of the Garage Door Bar alleged that the charges were withdrawn at the behest of Mr. Humphrey's mother, Kathy Humphrey, the university's senior vice chancellor for engagement and secretary of the board of trustees.
In the lawsuit filed Monday, Antwon's parents allege that university officials knew that Officer Rosfeld filed false charges against the men, and instead of taking action against him, they allowed him to resign in January.
In addition, the complaint alleges that Officer Rosfeld "continuously performed false arrests, assaulted individuals and falsified records.”
"Despite Rosfeld's overzealous and combative behaviors, unbecoming of a police officer, defendants failed to discipline him — whether counseling, suspension or termination."
The lawsuit does not provide information detailing any other incidents to support those allegations.
The complaint also accuses the university of failing to properly document in his personnel file Officer Rosfeld's behavior, which led to his being hired by East Pittsburgh.
"Defendants owed a duty to adequately report, record and otherwise detail Rosfeld's job performance because they knew or should have known that future employers, particularly those in law enforcement, would be privy to the same, and it would be used in the contemplation of whether or not to hire him."
By allowing Officer Rosfeld to resign, it continued, no warning was provided about his background.
Paula Reed Ward: pward@post-gazette.com, 412-263-2620 or on Twitter: @PaulaReedWard.
First Published: December 11, 2018, 10:40 p.m.