By Nathan Hardin
nhardin@salisburypost.com
SALISBURY – A memo sent by an internal affairs officer to the city of Salisbury warned officials that former police officer Kareem Puranda was a liability concern, an attorney said during a court hearing Monday.
S. Luke Largess, an attorney representing four people suing the city of Salisbury, three police chiefs and two police officers, said city supervisors got the memo prior to four incidents the lawsuit alleges involved Puranda and Officer Mark Hunter.
Largess said the city also received “a series of citizen complaints” about Puranda and Hunter.
Scott D. MacLatchie, an attorney representing the defendants in the suit – who include Puranda, Hunter, current Chief Rory Collins and former chiefs Rodney Harris and Mark Wilhelm – acknowledged the memo but said he wasn’t sure of its date.
Robin Otto Worth, Jr., Felicia Gibson, and John and Michael Fox are claiming their rights were violated, and some say they were assaulted by the officers.
In a hearing Monday, MacLatchie argued to have the complaint split into separate lawsuits and to have part of the suit dismissed.
Judge F. Lane Williamson took the opposing attorneys’ arguments under consideration. A decision is expected by Friday.
MacLatchie told the court Worth filed the initial complaint in June, but the lawsuit was later amended to add Gibson and the Fox brothers.
MacLatchie argued the alleged incidents were separate events and the lawsuit was “misjoinder,” a legal term that claims plaintiffs are improperly merging complaints into one suit.
MacLatchie said having multiple separate allegations against his clients could be prejudicial to a jury.
Largess countered by arguing the union of plaintiffs could help show a jury the alleged incidents were a “pattern or practice” by supervisors to fail to respond to complaints or properly discipline officers.
In his argument, Largess’ said fellow attorney Jacob Sussman found the memo during a previous lawsuit involving Puranda.
Sussman also represents the plaintiffs in the ongoing litigation. He was not present Monday.
“There was an internal affairs officer who wrote a memo to the city warning that Officer Puranda was a liability to the city and we understand there are a series of citizen complaints about both of these men working together, acting in ways that are alleged in this complaint,” Largess said. “Not just against these four people, but against others as well.”
Aside from a few attorneys, no one was in court Monday for the hearing, which lasted roughly an hour.
MacLatchie also asked Judge Williamson to dismiss the claims against the police chiefs and officers in their official capacities.
Puranda and Hunter have both been individually sued, MacLatchie said.
He argued that case law shows lawsuits against public officials – when the city is also sued – is redundant.
MacLatchie also contended that some allegations in the lawsuit are included under too broad an umbrella and that they should be more specifically described or dismissed.
Contact reporter Nathan Hardin at 704-797-4246.