The former Rankin police chief who was convicted on federal theft charges has filed a lawsuit against Allegheny County and several officials.
Darryll Briston claims that he was improperly held in jail for 20 days following what should have been his official release date from federal custody. Further, he said that he was only released after he agreed to plead guilty to state charges.
Mr. Briston, who was fired from his job in March 2004, was found guilty by a federal jury in November 2004. He was accused of taking $5,855 that had been seized in the search of a home in 2002.
When the owner of the money went to retrieve it, the former chief falsified vehicle repair receipts to show that it had been spent to repair her car, which had been damaged in an accident.
Mr. Briston was ordered by Senior U.S. District Judge Alan N. Bloch to serve 37 months in prison.
The former chief also was charged in state court with perjury, theft by deception and official oppression. He posted a $10,000 bond on those charges in March 2005, which he said in the lawsuit was never revoked, even when he left to serve his federal prison sentence in Chicago.
According to the lawsuit, the Bureau of Prisons released Mr. Briston to the custody of Allegheny County on Nov. 8, 2007. The county was informed then that Mr. Briston's official release date from federal custody was Dec. 18, and that he had to be released then.
However, Mr. Briston's defense attorney requested a continuance on his state charges until Jan. 8. Mr. Briston continued to be held at the county jail until then, when he entered a no-fault plea to misdemeanor disorderly conduct. He received no additional sentence and was released from jail.
Later, Mr. Briston filed a motion to withdraw that plea, which was granted on July 10.
The lawsuit seeks both compensatory and punitive damages. In addition to the county, the defendants include Allegheny County District Attorney Stephen A. Zappala Jr. and Allegheny County Jail Warden Ramon Rustin.
Kevin Evanto, a spokesman for County Executive Dan Onorato, said he could not comment on pending litigation.
