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Grotto Pizza at Harveys Lake may reopen tonight following morning fire

<p>WILKES-BARRE &#8212; A group of city police officers and their former chief violated a couple&#8217;s civil rights when the officers forcibly entered three of their properties without warrants or probable cause during a search two years ago for a missing teen girl, a federal lawsuit filed this week alleges.</p><p>The lawsuit, filed Thursday by Delilah A. Graham-Smith and Rodney D. Smith of 45 Mallery Place in Wilkes-Barre, names the city, Officer Matthew Smith, former Chief Robert Hughes and 10 unknown officers as defendants and claims the forcible entries were the result of &#8220;an animus&#8221; that stemmed from another lawsuit the couple filed in 2014.</p><p>The 2014 lawsuit alleges excessive force and false arrest against the city, the Wilkes-Barre Police Department, Officer Alan Gribble and former Chief Gerard Dessoye, but only Gribble and the city remain as active defendants, records show. The other parties were terminated from the lawsuit in 2015.</p><p>In the current lawsuit, the couple claim police received &#8220;unreliable information&#8221; the missing girl, identified as &#8220;A.S.,&#8221; was located in one of their properties, and entered 39 Mallery Place, 41 Mallery Place, and 45 Mallery Place on Feb. 10, 2015, &#8220;despite knowing they lacked probable cause and without a warrant.&#8221;</p><p>The defendants, the lawsuit alleges, &#8220;knew that no reasonable magistrate would issue a search warrant based on that information.&#8221;</p><p>Hughes and the city encouraged the use of unreasonable and unnecessary force, failed to discipline officers who were the subject of prior civilian complaints or misconduct, and turned a blind eye to other patterns, including abuse of power and the monitoring of officers &#8220;whom it knew or should have known were suffering from emotional and/or psychological problems that impaired their ability to function as officers,&#8221; the suit further alleges.</p><p>City Attorney Tim Henry did not immediately return a message Friday seeking comment.</p><p>The couple alleges more than $1,000 in damage was caused as police broke down the front door of 45 Mallery Place during entry. They are seeking compensatory and punitive damages as well as attorneys fees and costs.</p><style>
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<div class="metaInfo"><bylineMeta><p>By Joe Dolinsky</p><p>jdolinsky@www.timesleader.com</p></bylineMeta></div><div class="metaInfo"><shirttailMeta><p>Reach Joe Dolinsky at 570-991-6110 or on Twitter @JoeDolinskyTL</p></shirttailMeta></div>

Lawsuit: Wilkes-Barre cops broke into couple’s properties without warrants