There was a flurry of legal filings last month in the federal suit against three people accused of physically and verbally attacking a gay couple in Center City.
Kevin Harrigan, Philip Williams and Kathryn Knott are the subjects of a civil suit by Zachary Hesse and Andrew Haught, who contend the trio hurled antigay slurs while physically assaulting them in September 2014 at 16th and Chancellor streets.
Investigators maintain Harrigan directed an antigay comment at the couple and then pushed Hesse, prompting Hesse to shove Harrigan back, who they say then punched Hesse multiple times. Prosecutors say Williams “bum rushed” Haught after someone in the group exclaimed that Haught hit one of the females in the group, and Knott struck Hesse.
In a filing Nov. 11, an attorney for Harrigan argued his client acted in self-defense during the melee.
Harrigan “was in the process of defending himself from the real and perceived threat of bodily injury arising from the actions” of the plaintiffs, Harrigan’s attorney, William Barrett wrote. If the plaintiffs suffered injuries, they “were caused or contributed to by conditions or persons over whom defendant had no control and for which defendant is not responsible,” Barrett said, adding that any damages and injuries were the result of “intervening and superseding” acts of others, including the plaintiffs and Williams and Knott.
Williams’ attorney went on to submit a cross-claim against the other two defendants, whom he said are “solely responsible” for Hesse’s and Haught’s injuries.
Harrigan’s filing was similar to one submitted this fall by Williams, in which he also raised the self-defense issue and also suggested his co-defendants were solely responsible.
Williams issued a reply Nov. 16 denying the arguments in Harrigan’s filing and requesting the cross-claim be dismissed.
Trace Palmer, an attorney for the couple, submitted a response to Harrigan’s filing Nov. 22.
“Plaintiffs’ injuries and damages were proximately caused by the conduct of all parties against whom plaintiffs have filed suit,” Palmer wrote.
The court also last month ordered attorneys for Hesse and Haught to comply with Barrett’s request for discovery materials. A discovery date of Aug. 7 has been set for materials relating to the case to be collected by both sides.
The criminal cases against the three are resolved — Knott rejected a plea deal and served five months in prison after being found guilty of four misdemeanors, while Harrigan and Williams pleaded guilty to one felony each and were sentenced to community service and probation — and Hesse and Haught are seeking at least $500,000 in damages through the civil suit.
A settlement conference is tentatively scheduled for Sept. 4, 2017, and, if no agreement is reached, the case is slated for trial Dec. 4, 2017.