Mediation Fails in Lawsuit Against Northern Regional Police Officers, Board

Mediation has failed to settle a lawsuit filed against the Northern Regional Joint Police Board and four police officers by a man who was shot in the stomach and shocked with a Taser in February 2009 after his mother called police to her Richland home.

Nathan Beran, his wife Melanie and his sister Jennifer in February filed suit in U.S. District Court in Pittsburgh against the police department, four of its officers, the Northern Regional Joint Police Board and .

A court document filed Tuesday shows the case was not resolved in a mediation session held Monday.

Mediator David B. White said he is not permitted to comment on the case.

Since the February filing, the police department and Richland Township have been dismissed from the suit.

The remaining defendants are the joint police board and the four officers -- Paul Hughes, Regis Welsh, Matthew Durzo and Charles Seibert.

The board is an advisory agency that includes representatives from the communities served by the police department --  Marshall, Bradford Woods and  

In April, 10 of the 33 counts in the lawsuit were dismissed.

In the case of Nathan Beran, the defendants are accused of battery, assault, tolerating the use of excessive force and violating his constitutional rights.

Police also arrested Nathan's sister Jennifer after the confrontation, according to the lawsuit. On her behalf, the lawsuit alleges false arrest and imprisonment, battery, assault, using excessive force and violating her constitutional rights.

Nathan's wife, Melanie, alleges the loss of consortium in the lawsuit.

The lawsuit stems from a Feb.11, 2009, incident in which police were called to the Richland Township home of Beran's mother, Vivian Beran, at 3923 Gibsonia Road (Route 910).

Police charged Beran with four counts of aggravated assault, one count of disarming a law enforcement officer, six counts of reckless endangerment and one count of criminal mischief/damaging property after encountering him there.

In October he was found not guilty of the five felony counts of aggravated assault and disarming a law enforcement officer. He was found guilty of misdemeanor counts of reckless endangerment and criminal mischief/property damage.

Common Pleas Judge Jeffrey A. Manning in January sentenced him to four years of probation and to undergo treatment. He also was ordered to pay court costs of $2,562.

The Berans' lawsuit states that Vivian Beran called 911 after Nathan became upset and broke several windows. She told the operator that her son had shot out a window, was agitated, had been drinking and was "banging stuff in her house," and that her daughter was trying to talk to Nathan, according to court documents.

Vivian Beran spoke to the 911 operator a second time, saying her son did not shoot out any windows and that he had broken the rifle he had with him, according to the lawsuit.  She said the rifle was in her back yard, the lawsuit states.

Once the police arrived at the Beran home, Nathan's mother and sister assured them that Nathan had calmed down and their services were no longer needed, according to the lawsuit. His mother told the officers her son needed psychiatric help, the lawsuit states.

The police did not leave, however, and they searched the house for Nathan with his sister Jennifer leading the way into each room, according to the lawsuit.

After getting Nathan to leave the basement bathroom, police shocked him with a Taser and shot him, according to the suit. He was transported by ambulance to Allegheny General Hospital in Pittsburgh and later taken to the Allegheny County Jail.

The lawsuit contends that Nathan came out of the bathroom with his hands raised.

In an answer to the lawsuit, the defendants' lawyers said Nathan "burst out of the bathroom door, ready to fight."