PHILADELPHIA – A Philadelphia woman alleges that a pair of Philadelphia police officers who were investigating a domestic incident in the vicinity of her apartment, indiscriminately fired their energy weapons and struck her two-year-old son in the chest and eye, causing him permanent blindness and other injuries.
Sareeda Simmons (parent and natural guardian of A.S., a minor child) first filed suit in the Philadelphia County Court of Common Pleas on March 5 versus the City of Philadelphia, Philadelphia Police Department Officers Crystal Harris and Gerald Rahill and John Doe/Jane Doe/ABC Corp. All parties are of Philadelphia.
“On Feb. 11, 2023, plaintiff was at her residence located at 2426 North 17th Street. At approximately 7:45 p.m., defendant Officers Crystal Harris and Gerald Rahill approached the residence and knocked on the door purporting to investigate a domestic incident at the residence. At the time that the defendants approached the residence, they were wearing official uniforms provided to members of the Philadelphia Police Department’s Highway Patrol Unit. Both defendants were carrying Philadelphia Police Department-issued Conducted Energy Weapons. A Conducted Energy Weapon is a device that delivers low-amperage electrical current into its target, temporarily impacting the sensory and motor nervous system,” the suit said.
“Such weapons are routinely used by law enforcement officers as less lethal alternatives to weaponry capable of causing death such as firearms. Conducted Energy Weapons use compressed nitrogen to propel two barbed probes (which are sometimes referred to as darts) outwards. Electricity travels along thin wires attached to the probes. When successfully deployed, the darts will puncture the skin and deliver electronic current into the body of a subject, resulting in the sensory and nervous impacts described above. If the barbs puncture the sphere of an eye, there is a high likelihood that blindness will result. For this reason, Conducted Energy Weapons should be fired toward the body of a suspect and in any event, never in the direction of anyone’s face. Nor should Conducted Energy Weapons ever be used on toddlers.”
The suit continued that when Rahill and Harris knocked on the door, Simmons answered and told Rahill and Harris that their assistance was not needed, leading another resident named Maurice Sanders to come downstairs and try to close the door.
“In response, defendants Harris and Rahill forced the door open and forcefully entered the property. While inside of the property, Harris and Rahill physically assaulted Sanders and brought him to the ground. During the ensuing commotion, several minor children including A.S. came downstairs and were observing what was occurring while sitting on the staircase. While these minors were on the staircase, both defendants Harris and Rahill discharged their department-issued Conducted Energy Weapons one or more times. On at least one occasion, the weapons were discharged in the direction of the minors sitting on the steps,” the suit stated.
“A.S. was struck by one or more of the discharges in his left chest and right eye. As a result, A.S. sustained serious and painful injuries which have resulted in scarring and disfigurement, total blindness, emotional trauma, pain and suffering and have required medical attention and services. The episode horrified and traumatized A.S. It is further asserted that these injuries will require future medical treatment, including but not limited to cosmetic surgery, the removal of A.S.’s eye and the placement of an ocular prosthesis as well as counseling. After the incident, the defendants prepared police department paperwork which incorrectly attributed A.S.’s injuries to the conduct of Sanders.”
On April 3, the City removed the case to the U.S. District Court for the Eastern District of Pennsylvania, citing the plaintiff’s reference to alleged violations of federal civil rights laws.
For counts of battery, unreasonable search and seizure and violating Monell, the plaintiff is seeking damages in excess of $50,000.
The plaintiff is represented by Jason Javie of Levin & Javie, in Philadelphia.
The defendants are represented by Kathryn Faris of the City of Philadelphia’s Law Department.
U.S. District Court for the Eastern District of Pennsylvania case 2:24-cv-01395
Philadelphia County Court of Common Pleas case 240300442
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com