Judges dismisses lawsuits in Ross Twp. mass shooting case

By Terrie Morgan-Besecker, The Times-Tribune, Scranton (TNS)

A federal judge dismissed today three lawsuits filed against Ross Twp. in connection with a 2013 mass shooting at the township’s municipal building in Monroe County that left three people dead and several others injured.

While acknowledging the “tragedy” that befell the victims and their families, U.S. District Judge Malachy Mannion said the township had no constitutional duty to protect residents from the actions of the killer, Rockne Newell. Even if he found otherwise, the judge said the plaintiffs still could not prevail because Mr. Newell’s actions were not foreseeable.

Frances LaGuardia, Linda Goss-Kozic and Patricia Bauer filed three separate lawsuits in 2015, alleging the township was liable for failing to protect citizens despite knowing that Mr. Newell, who had a long-standing feud with officials over his property, threatened violence.

Ms. LaGuardia’s husband, James LaGuardia, Ms. Goss-Kozic’s husband, Gerard Kozic and David Fleetwood were killed when Mr. Newell opened fire at the Aug. 5, 2013 township supervisor’s meeting. Ms. Bauer and Ms. Goss-Kozic were injured but survived.

Mr. Newell pleaded guilty in May 2015 to three counts of first-degree murder and other charges and was sentenced to life in prison.

Each of the lawsuits sought damages under the due process clause of the U.S. Constitution, which prohibits a government body from “depriving any person of life, liberty or property without due process of law.”

In his ruling, Judge Mannion said the U.S. Supreme Court previously ruled that the government has no obligation to protect citizens from private actors.

“The due process clause was intended to protect the people from the state, not to ensure that the state protected them from each other,” the judge said.

The judge also rejected claims that the township should have known Mr. Newell was dangerous because he previously made threats.

Judge Mannion acknowledged Mr. Newell was outraged over actions the township took against his property, but the connection between the threats and the shooting was “too attenuated.”

“The court cannot accept the plaintiff’s conclusory statement that the defendants’ actions directly led to Newell’s homicidal attack,” the judge said.

Attempts to reach Edwin Abrahamsen and James Conaboy, both of Scranton, attorneys for Ms. LaGuardia and Ms. Bauer, and Daniel Bausher of Reading, attorney for Ms. Goss-Kozic, were unsuccessful.

Contact the writer: tbesecker@timesshamrock.com; @tmbeseckerTT on Twitter