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Lawsuit accuses housing nonprofit of negligence

A lawsuit accuses a nonprofit housing organization of neglecting to keep its residential facility safe, resulting in an anti-Semitic attack of a Jewish man last year.

In November, Butler City Police accused Julian A. Bindernagel, 25, of Butler, of attacking Robert Faitelson outside Faitelson's apartment building on East North Street.

Police reports state that Bindernagel told Faitelson that “the only good Jew is a dead Jew” during an attack that left Faitelson with a broken cheekbone, nose and a swollen, bloodied face.

Bindernagel moved into the 30-day emergency housing building on Oct. 27, according to court documents. Faitelson and his wife lived on an upper level of the building, which isn't connected to the organization. To mark the separation, the second and third floors are locked and secured by a fob system.

The lawsuit, filed Tuesday, alleges that within the first few days of his moving in, Bindernagel would practice martial arts in front of Faitelson and tell him, “God bless you,” but this apparent cordial nature turned into prejudice.On Oct. 30, while in front of Faitelson and a Muslim resident, Bindernagel threatened to exterminate Jewish and Muslim people. The lawsuit claims a staff member at the center and other residents witnessed the threats.The suit states the threats continued daily against Faitelson and the Muslim resident, but the staff took no action even though Faitelson said he made reports to the staff several times.The threats escalated until Nov. 14, when police said the attack occurred. That afternoon, Faitelson encountered Bindernagel while Bindernagel was retrieving a package downstairs. The suit states Faitelson was blocking Bindernagel from getting his package, and that Faitelson spit in his face. When the staff told Bindernagel to leave, he responded by saying he was free to “kill a damn Jew,” and that “the only good Jew is a dead Jew.”Faitelson began walking away, but Bindernagel allegedly kicked him in the chest and knocked him down, according to the suit and the police report. The lawsuit claims staff members, including the manager, witnessed the attack.The suit states Bindernagel continued to assault Faitelson and prevented him from getting up.Faitelson was taken to Butler Memorial Hospital and later to Allegheny General Hospital for surgery.The lawsuit against the center, filed by Al Lindsay, alleges damages that exceed $35,000 and alleges Bindernagel was a resident of its emergency housing even though he was not a victim of domestic violence. It claims the center neglected its duty to ensure Faitelson's safety by allowing Bindernagel to live there.The suit alleges that this negligence, including not evicting Bindernagel for making threats, led to Faitelson being assaulted, and that multiple staff members were aware of the dangerous situation and did nothing about it.It also claims the center failed to screen tenant applicants' records of violence and failed to take action against the alleged threats the staff reportedly witnessed.Bindernagel pleaded guilty to simple assault in an Armstrong County case in 2018.The suit also says the center allowed Bindernagel to live in temporary housing for domestic violence victims even though he wasn't a victim.The center did not respond to requests for comment and has made no legal responses in the case.

Along with the cheekbone, Faitelson's nose was broken, according to the suit, and his face was so swollen that surgeons told him they would have to wait seven to 10 days before they could operate. For eight to 10 weeks, Faitelson was unable to wear his glasses and couldn't use a machine that helps with his sleep apnea.The suit states Faitelson continues to suffer from back pain, mouth pain and several mental ailments resulting from the attack.After the alleged assault, several residents and staff members with the center frequently harassed Faitelson and his wife, according to the suit.“Staff members and residents called him a child molester despite the fact that there have never been any allegations related to child abuse involving Faitelson,” the lawsuit reads.Those members and residents also told Faitelson that he was not welcome in the building, and one resident allegedly told Faitelson that he would “finish what Bindernagel started,” the suit states.The lawsuit claims that when Faitelson made his frequent reports of harassment and threats to the center, the staff said they would not do anything and that Faitelson should contact the police.Faitelson did not contact police.Eventually, the Faitelsons couldn't take the alleged harassment and threats and moved out in June.The criminal case is ongoing.Bindernagel was placed in Butler County Prison in lieu of $25,000 bond, which he paid March 9. He faces a felony charge of aggravated assault and several misdemeanor charges, including ethnic intimidation, related to the incident.

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