Allegheny

Lawsuit accuses North Braddock police officer of false arrest

Paula Reed Ward
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Jonna Miller | Tribune-Review

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Two insurance salesmen who said an off-duty North Braddock officer tried to falsely arrest them because he suspected a scam filed a federal lawsuit.

The complaint filed by James Biernesser and Douglas Holcomb, who sold life insurance for American Income Life, names as defendants Officer Sharon Jackson, who is currently on leave, North Braddock borough and police Chief Isaac Daniele.

Daniele said he could not comment on pending litigation. A message left with Jackson’s attorney was not immediately returned.

According to the lawsuit, filed Friday in federal court, Biernesser and Holcomb had an appointment to meet with Jackson and his wife, Kayla, on April 23, 2019, at their Penn Hills home.

The salesmen were at the home for about an hour, leaving about 7:30 p.m., the lawsuit said, so the couple could discuss the policies. But about 15 minutes later, Kayla Jackson called them back and said she and her husband wanted to purchase a policy.

The salesmen returned to the couple’s home and began completing the paperwork, including requesting a voided check from their bank. But as Biernesser was putting his shoes on to run to his car to get a laptop charger, the lawsuit said that Sharon Jackson went upstairs, returning with handcuffs, a Taser and his firearm.

Jackson then told Biernesser he was a police officer, instructed the man to put his hands behind his back and told him he was under arrest for fraud. He then handcuffed him.

The lawsuit said Jackson then approached Holcomb with the Taser in his right hand and gun on his hip, ordering him, too, to put his hands behind his back.

Jackson then demanded the men delete his personal information from their laptop, the lawsuit said, but Biernesser refused.

“Defendant Jackson also rummaged through plaintiffs’ pockets, removing and placing their wallets and phones on the table before taking pictures of their identification cards, union cards and driver’s licenses with his phone,” the lawsuit said.

Both Biernesser and Holcomb repeatedly asked if Jackson would remove the handcuffs and allow them to leave.

“Defendant Jackson informed the plaintiffs they could not leave, and defendant Jackson stated that he did not want to chase or shoot them down,” the complaint said.

He then called the Penn Hills police.

When officers arrived, they immediately ordered Jackson to remove the handcuffs from Biernesser and Holcomb, and determined that no fraud existed, the lawsuit said.

About a month later, Jackson was arrested and charged with two counts each of false imprisonment, simple assault and official oppression.

On March 23, Jackson pleaded guilty before Allegheny County Judge Bruce Beemer to disorderly conduct and was ordered to serve six months of non-reporting probation.

The lawsuit includes claims for a violation of the plaintiffs’ due process rights, assault, battery, false arrest, false imprisonment and intentional and negligent infliction of emotional distress.

It also accuses Chief Daniele of failing to properly supervise and train his officers.

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