Pursuant to Rule 3.6 of the South Carolina Rules of Professional Responsibility, Bland Richter, LLP issues the following press release concerning Anthony Delustro v Fraternal Order of Police Legal Plan, Inc. and Fraternal Order of Police Summerville-Dorchester Lodge #48, CA No.: 2025-CP-18-1235. The following information is part of the public record as the motion discussed below is available on the Dorchester County Public Index.
Bland Richter announces that it has filed Motion for Summary Judgment in the matter of Officer Anthony Delustro versus the Fraternal Order of Policy Legal Plan, Inc. and Fraternal Order of Police, Summerville-Dorchester Lodge #48 (the “FOP”). Summary Judgment is a procedural tool that allows a litigant to ask the Court to rule in their favor when the law can produce only one outcome based on the facts in a case. Here, Officer Delustro was a member of a legal defense plan provided by the FOP which promised him a legal defense of “a criminal action or proceeding brought against a Participant, arising directly out of the Participant’s activities in the scope of employment.” The FOP’s Plan further defines “in the scope of employment” as encompassing “all activities of a Participant while on duty in connection with employment, and all law enforcement activities authorized or required by the Participant’s employment, whether on duty or technically off duty.” Following the shooting death of Michael O’Neal at the North Main Street, Summerville, Chic-Fil-A, Officer Delustro was charged with murder and applied for a legal defense from the FOP. After initially providing a defense, the FOP changed its position and denied Officer Delustro a legal defense based upon its determination that he was “off-duty” at the time of the shooting. The FOP’s decision lies in stark contrast to the position articulated by Officer Delustro’s employer, Summerville Police Chief Doug Wright, who held a press conference on the day Officer Delustro was charged and stated the Summerville Police Department policy that its officers are never truly off duty. Because Officer Delustro’s employer has declared that he was on duty at the time of the shooting, Officer Delustro maintains in his Motion that the Court should rule in his favor that it was a breach of contract for the FOP to deny him a legal defense. In addition, the Fraternal Order of Police Summerville-Dorchester Lodge #48 also agrees that Officer Delustro was on duty when these events occurred.
Via this press release Bland Richter, LLP is requesting assistance in obtaining evidence and information concerning this March 20, 2024, encounter. It is Officer Delustro’s hope that this matter will be scheduled in the near future. Any information about this matter may be submitted to Bland Richter’s website at www.blandrichter.com.