Published: November 11, 2008 10:34 pm         

Ex-inmate’s suit over shooting dismissed

A federal court has dismissed a $3.5 million lawsuit filed by an inmate accidentally shot by authorities breaking up a hostage situation at the Cambria County Prison in 2006.

Adam Don Cosgrove, who no longer is in prison, was struck in the neck and left shoulder and said he has permanent damage. He also said he suffers from post-traumatic stress disorder.

The suit was dismissed by U.S. District Judge Kim Gibson of Johnstown.

Cosgrove is appealing the dismissal to the 3rd U.S. Circuit Court of Appeals in Philadelphia.

Cosgrove was a bystander in his cell on Sept. 22, 2006, during a three-hour standoff in the dayroom in which murder suspect Torone Dixon took guard Ross Morealli hostage.

Eventually, the CERT squad burst in, firing their weapons and killing Dixon. Morealli, handcuffed and beaten, was rescued – but Cosgrove also was shot.

He sued guard Gregory Cappachella for shooting him. Cosgrove contended his civil rights were violated.

The county was required by state law to represent Cappachella in the lawsuit since he was acting in the course of his duties, assistant county Solicitor Randall Rodkey has said.

The use of deadly force in the incident was supported by District Attorney Pat Kiniry and state police.

     

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