Second tenant shot during Philly eviction sues, as landlord-tenant officer moves to resume lockouts

A second tenant shot during by a private security contractor during an eviction has filed a lawsuit — just as officials are preparing a plan to restart Philadelphia’s unusual for-profit eviction system.

Unlike in other jurisdictions, city courts appoint a private lawyer, Marisa Shuter, to serve as a “landlord-tenant officer” — responsible for enforcing evictions using private security in exchange for the right to collect millions in fees from landlords.

But court officials ground those operations to a halt after a contractor shot Latese Bethea in her leg in July — the third episode in four months in which deputized landlord-tenant officers opened fire during attempted lockouts; two of those resulted in tenants being wounded.

On Wednesday, a lawyer for Bethea filed suit in the city’s Court of Common Pleas against Shuter, the landlord, and the contractor who allegedly shot her.

The civil suit accuses the parties of negligence. Lawyer Kevin O’Brien accused Shuter of operating a cheaper alternative to the Sheriff’s Office — which is also legally empowered to perform lockouts — by skimping on the training and credentialing of the contractors.

“The landlord in this case got what they paid for. Discount officers with discount training at discount prices,” O’Brien said in a statement. “Had the Landlord Tenant Office trained their officers on the legal and proper use of force, this incident would not have occurred.”

Bethea, in statement from her lawyer, said she remained traumatized and is seeking counseling for her daughter, 8, who witnessed the shooting.

“I am still recovering from the shock and physical pain of being shot in my home,” she said. “What concerns me most is this happened in front of my daughter. It breaks my heart that she doesn’t feel safe and will have to live with the fear and memory of seeing a man shoot her mother in our home.”

The suit also names the Grace Townhomes, an affordable housing complex operated by the nonprofit Women’s Community Revitalization Project, which sought the eviction. A representative for the nonprofit declined comment.

It also targets a still-unidentified security contractor who fired the shot that struck Bethea.

Across all three cases, Shuter has maintained that her officers were acting in self-defense when firing their weapons. In Bethea’s case, a representative for the landlord alleged she was assaulted by the tenants.

Shuter has declined to speak directly to reporters. Mike Neilon, a spokesperson, declined to comment on the lawsuit.

Before Bethea’s shooting, a landlord-tenant officer shot 35-year-old Angel Davis in the head during a lockout in North Philadelphia in March, sending her to the hospital with serious injuries. Then, in June, a landlord-tenant officer shot at, but did not strike, a tenant’s dog during an eviction.

Lawyers for Davis also filed suit last month against Shuter, her former landlord, and the contractor.

The legal actions take place against a backdrop of a stewing controversy. Housing advocates and some legislators are calling for changes to or even abolition of the office, while Shuter and landlord groups are pushing to resume lockouts.

Court records show that Shuter’s deputies resumed serving eviction notices earlier this month, and City Councilmember Kendra Brooks — who has been involved in an advisory group with court officials about the office — said she expected an official plan for resumption by week’s end.

“We have been in communication with the landlord-tenant officer and the court and made it clear that any permanent solution must guarantee accountability, robust independent oversight, and notification of the date and time of eviction to every tenant,” she said.

A preliminary proposal for resuming lockouts was circulated by Shuter last week to the landlords group Homeowners Association of Philadelphia (HAPCO), and, briefly, made public on the group’s online blog before being abruptly deleted.

The proposal, which has not been finalized, indicated that Shuter sought to resume lockouts Aug. 21, under some revised guidelines.

Shuter’s proposal would require a Pennsylvania state constable — a sworn law enforcement officer elected to municipal positions outside Philadelphia — be present during all lockouts, alongside deputized landlord-tenant officers. That change would increase the number of officers present during an eviction from one to two.

Landlords would be required to fill out an affidavit attesting to the weight and breed of tenants’ dogs, the number of minors in a property, whether firearms are present, whether tenants are known to be violent, and whether health or mobility issues are known.

Landlords would also foot the cost for the increase in staffing, training, and insurance, the proposal says. The fee for serving a writ, previously $45, would increase to $250 under the plan.

These guidelines do not include changes some housing advocates have pushed for, such as suggesting officers dispatched to evictions be unarmed or requiring explicit tenant notification of the exact date and time of a lockout.

Other advocates have called for the for-profit system to be dismantled.

“I don’t see this as a solution,” said Sterling Johnson, an organizer with Philadelphia Housing Action. “More training and another officer is not what anyone asked.”

Shuter’s plan would need approval from Municipal Court President Judge Patrick F. Dugan. Neilon, Shuter’s spokesperson, declined to elaborate on the plan and acknowledged that discussions with stakeholders were ongoing.

A spokesperson for the First Judicial District declined to comment.

While evictions still officially remain on hiatus, landlords and their lawyers are eager for their return.

In an email reviewed by The Inquirer, a member of Baritz Law Associates — a legal firm that handles many evictions — wrote to clients on Monday saying lockouts would soon resume, with the introductory line: “GREAT NEWS!!”