Phila. man allegedly beaten by officers sues city and cops

Jon Campisi Nov. 29, 2014, 6:00pm


A Philadelphia man who claims two city police officers arrested him without cause, and then proceeded to severely beat him, causing him to sustain extensive injuries, has filed a federal civil rights complaint against the City of Philadelphia and the individual officers involved in the alleged incident.

Philadelphia attorney L. Kenneth Chotiner filed the civil action April 12 at the U.S. District Court for the Eastern District of Pennsylvania on behalf of Damien Broaster.

The police officers named as defendants in the suit are only listed as John Doe’s 1 through 10.

According to the complaint, Broaster was a pedestrian back on April 18, 2010, walking in the area of 31st and Taster streets, when he was approached by two of the defendant officers.

The suit claims that after stopping Broaster without reasonable suspicion that a crime had been committed, the officers placed Broaster in handcuffs and told him he was under arrest.

It wasn’t until Broaster asked the officers what he was being arrested for that the two officers led Broaster to their patrol car and slammed his face on the hood with enough force to cause a severe laceration and fracture to his chin, the lawsuit alleges.

The suit claims that the two cops then threw Broaster to the ground and repeatedly kicked him in the face with such force that one of his teeth was eventually broken.

The lawsuit accuses one officer of not doing enough to stop the other officer during the course of the beating.

At one time, one of the officers allegedly turned to the other and said, “that was not necessary,” referring to the beating, according to the complaint.

After the beating, Broaster was released. He was never charged with any offense.

“The aforesaid assault, battery and unlawful imprisonment, use of excessive force, restrictions of freedom to move, and the physical and psychological abuse inflicted upon the plaintiff by Defendants in the arrest and as a result of his being held in custody were carried out unlawfully, maliciously and intentionally,” the lawsuit states.

The lawsuit claims the incident cost Broaster painful injuries, including a chin fracture and meniscus tear, as well as economic damages relating to the treatment of his injuries.

The complaint accuses the defendants of violating Broaster’s constitutional rights.

It contains counts of false arrest and imprisonment, assault and battery, failure to investigate, train, supervise and/or discipline, and intentional infliction of emotional distress.

Broaster seeks unspecified compensatory and punitive damages, as well as attorney’s fees and other costs.

He has demanded a jury trial.

 

The federal case number is 2:12-cv-01921-TON.

 

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