Osagie family files federal lawsuit, alleges ‘systematic failings’ by State College police
The family of a State College man fatally shot by a borough police officer filed a federal civil rights lawsuit Monday against the borough and 10 officers.
Osaze Osagie’s parents are seeking unspecified monetary damages in the 39-page lawsuit filed in the U.S. Middle District Court of Pennsylvania. A borough spokesperson declined to immediately comment.
“Osaze’s death is not the story of misconduct by a single ‘bad apple,’ ” Sylvester and Iyun Osagie’s attorney wrote. “It is the story of years of systematic failings by the ... State College Police Department to meaningfully implement and enforce common-sense policies and practices to protect the rights of people with mental health disabilities during encounters with police.”
Osaze Osagie, 29-year-old Black man, was in the midst of a mental health crisis when he was fatally shot by a white officer in March 2019.
His family could not find him, but he sent his father text messages about suicide by cop and “trouble with the police in a little bit.”
Three State College police officers responded to Osagie’s apartment along Old Boalsburg Road after they found him and attempted to serve an involuntary mental health warrant.
The trio had no plan for how they would convince Osagie to accept help, minimize the risk of deadly force being used or how they may involve a mental health professional, attorneys Andy Shubin, Kathleen Yurchak and Andrew Celli wrote.
The leading officer, who was the least experienced of the three and was unaware of the Osagie’s condition, covered the peephole on Osagie’s door and did not announce the police presence. Osagie answered with a steak knife in his right hand.
Officers asked him to drop the knife, but Osagie instead told the officers to shoot him, Centre County District Attorney Bernie Cantorna wrote in a 228-page report.
Osagie moved toward the officers seconds later in the narrow hallway. One officer deployed his Taser, but it was ineffective. Another shot Osagie with his handgun three times. The altercation lasted no more than 30 seconds.
“The Osagie family files this case today with deep resolve, but also with a heavy heart. They are determined to seek justice for their beloved son, which includes holding the borough and SCPD accountable for their systemic failings in creating and maintaining a broken policing system that caused his untimely death,” the Osagie family’s attorneys wrote in a statement. “But they have a heavy heart because, as longtime community residents, they are deeply disappointed that their extraordinary efforts to resolve these issues without resort to litigation have been rejected.”
The three officers were cleared of any wrongdoing by Cantorna. An internal investigation found the officers abided by the department’s policies.
Osagie’s death prompted yearlong protests in Centre County, along with a comprehensive review of the county’s mental health system.
Osagie was diagnosed with paranoid schizophrenia and Asperger syndrome, among other mental disorders. He was hospitalized at least six times.
The family filed the lawsuit as an attempt to remedy “long-standing” and “deeply-rooted” policies and practices that place those with mental illness in harm.
The lawsuit alleges excessive force, wrongful death, assault, battery, a violation of the Americans with Disabilities Act and the Rehabilitation Act of 1973.
“Osaze Osagie did not have to die that day. ... It’s inconceivable that State College police would allow an officer with no knowledge of Osaze’s condition to manage the situation. For this error, Osaze Osagie paid with his life,” American Civil Liberties Union of Pennsylvania Executive Director Reggie Shuford said in a statement. “While nothing can bring back Osaze Osagie or moderate his family’s deep pain, we hope that their lawsuit will force meaningful change and more transparency in the State College Police Department.”
This story was originally published November 2, 2020 at 6:29 PM.