Bucks man sues over police shooting James Hoskins, seriously wounded in a drug raid targeting his brother, filed a civil-rights lawsuit.

March 13, 2004|By Christine Schiavo INQUIRER STAFF WRITER

James Hoskins was unarmed, undressed, and not suspected of any crime when a police officer burst through his bedroom door in Bristol Township last month and shot him, an act that Hoskins' lawyer says violated his civil rights.

Thomas E. Mellon Jr. filed a lawsuit in federal court in Philadelphia yesterday against three Bucks County municipalities, their police departments, and Middletown Township Detective Dale T. Keddie Jr., who allegedly shot Hoskins during a drug raid. The lawsuit also lists Hoskins' girlfriend, Valerie Custer, 25, of Philadelphia, as a plaintiff.

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Hoskins, 22, has been in intensive care at St. Mary Medical Center in Middletown since the Feb. 6 shooting.

In a news release, Mellon said Hoskins had undergone about 30 operations, including the amputation of his left leg above the knee. He said the bullet entered Hoskins' rib cage and traveled across his stomach before lodging in his leg.

"Shooting a naked man in his bedroom is inexcusable," Mellon said in an interview yesterday.

Neither Hoskins nor Custer has been charged with any crime. They were not the targets of the raid, Mellon said. Hoskins' brother, David, 20, who had moved into the apartment a few months before, was the target.

Police said they found marijuana, cash, and a drug pipe in the apartment. In court records, police accuse David Hoskins of having bought and sold marijuana in the Bristol, Middletown and Tullytown areas. All three municipalities and their police departments were named as defendants in the lawsuit.

According to the federal court complaint, police burst into James Hoskins' apartment on Mill Creek Road about 3:45 p.m., while he and Custer were in a bedroom watching television and David Hoskins was in the living room. Hearing a commotion, James Hoskins grabbed a T-shirt to cover himself and moved toward the door. As Keddie was kicking the door, James Hoskins opened it, according to the complaint.

The complaint, which was based on Custer's account, said Hoskins, who was naked, made no movement toward Keddie when the detective fired one shot.

"I did not deserve this," James Hoskins is quoted as saying. "Am I going to die?"

Keddie allegedly told him to "shut up" as another officer tended to Hoskins' wound.

"James Hoskins has no criminal record and was working two jobs at the time," Mellon said. "He was simply at the wrong place at the wrong time."

District Attorney Diane E. Gibbons is investigating the shooting. She said that because of James Hoskins' medical condition, no one from her office has been able to interview him to determine what happened. She has not named Keddie as the person who shot him.

District Justice Robert Wagner Jr. of Levittown has refused to release the probable-cause affidavit or any search warrants associated with the case.

Middletown Police Chief Francis X. McKenna could not be reached for comment yesterday. Township Solicitor James A. Downey 3d said he had not seen the lawsuit and would not comment on the case. He said he did not know whether Keddie was still on active duty.

Mellon said he named the three Bucks municipalities and their police departments in the lawsuit because he had been unable to determine which one was supervising the raid.

Contact staff writer Christine Schiavo at 215-348-0337 or cschiavo@phillynews.com.

Inquirer staff writer Larry King contributed to this article.

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