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High Profile Civil Rights Case Filed on Behalf of Unarmed African American Male Paralyzed by Constables

A 39-year-old unarmed African American male was shot in his own car by Pennsylvania State Constables, resulting in paralysis and life-altering injuries.

PHILADELPHIA, PA, UNITED STATES, July 8, 2015 / -- Kevin McCullers, 39, of Whitehall Township in Lehigh County, PA, has filed a federal civil rights lawsuit for an incident occurring on July 17, 2014 that left him paralyzed. At the time of the shooting, McCullers was pulling out of his garage on his way to Dunkin Donuts to grab coffee. The named defendants who were there to serve a warrant for unpaid parking tickets wore plain clothes, did not readily identify themselves as law enforcement, did not knock at the door, but instead hid to the left as to not make themselves noticeable to the victim. As McCullers cleared out of his one-car garage, he was suddenly and without warning, fired upon by Pennsylvania State Constables.

Now confined to a wheelchair, McCullers suffered permanent, life-altering injuries. He was fired upon from the driver’s side, consistent with his neck and clavicle injuries. Due to the actions of the Constables in question, Kevin McCullers suffered severe injuries including bone fractures, spinal injuries, loss of use of his limbs, loss of bodily functions, muscle spasms, disfigurement, and the need for assistive devices. McCullers is permanently disabled from working and will need lifelong care.

“The shooting and attempted murder of Kevin McCullers at the hands of Pennsylvania Constables cannot be justified under any circumstances,” said McCullers attorney Feeda R. Musitief. “This was a senseless shooting done by hot headed individuals who were clearly not fit to serve and harbored animosity towards the victim.”

At the time in question, the training and supervision of Constables was severely inadequate especially in terms of properly announcing their presence, serving warrants, and discharging their weapons with deadly force. The Commonwealth and local authorities have known for many years of several incidents involving constables and the need for serious reform, but failed on all levels to take appropriate action. One or both Constables visited the residence of McCullers prior to the shooting, where local law enforcement was called to the scene by plaintiff’s girlfriend due to aggressive behavior. It is believed that both constables involved had domestic violence incidents in the past, in which at least one was alleged to have brandished a firearm at his spouse. There are serious questions relating to the fitness of these constables to serve and carry firearms.

As an unarmed civilian facing a debt of unpaid parking tickets that totaled less than $1,000, McCullers never showed a threat to the safety or livelihood of the Constables. To date, there has been no accountability for the Constables in question, and the lawsuit was filed to hold all responsible individuals accountable for their actions and to press for much needed reform.

“There needs to be immediate accountability on all levels with real change to the system for the protection of all citizens across the Commonwealth,” stated Musitief.

To date, defendants have failed to prosecute the Constables involved and refused to divulge their names. If aware of any other incidents involving the Constables in question, Howard Altemos or Carlos Roberto Bernardi, or any other constable, please contact Musitief. The lawsuit was filed on Monday, July 7, 2015.


For more information about the suit, or to request an interview with Kevin McCullers’ attorney Feeda R. Musitief, please contact 215-665-0100 or email

Feeda R. Musitief
Fine and Staud LLP
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