PHILADELPHIA – A new complaint filed in state court claims Philadelphia police officers battered a man who had a conflict with a gas station cashier over possession of a pack of cigarettes he purchased, while counsel for the officers say the claims are baseless.
Shayne Holland of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on June 5 versus Police Officer Brion Milligan and Police Officer John Doe, both also of Philadelphia.
On Dec. 14, 2017, Holland says he was lawfully present at or near a Shell gas station at or near the intersection of Bustleton Avenue and Tomlinson Road in Philadelphia, when a misunderstanding took place between the plaintiff and the gas station’s cashier – which happened when Holland purchased several items, including a pack of cigarettes, which he says he did not receive after paying for them.
When an argument then ensued between Holland and the cashier, the police were summoned to the scene and who then, according to Holland, “willfully and maliciously” assaulted and forcibly removed him from the premises (an incident allegedly captured on video).
“The defendant placed plaintiff in a police wagon in handcuffs and did not properly restrain him. The defendants then began punching plaintiff in the rear of the wagon, intentionally outside the view of the camera,” the suit states.
“The defendants intentionally broke plaintiff’s cell phone and took $300 in cash from him without giving him a property receipt and never returned the money. The defendants then drove recklessly while plaintiff was in the rear of the police wagon, handcuffed and unrestrained. This practice is commonly referred to as a ‘nickel ride’. Plaintiff was severely injured as a result of the defendants’ actions inside the Shell gas station and in the police wagon.”
Through an answer to the complaint along with new matter filed on June 26 by defendant Milligan’s counsel, Holland’s complaint was said to have failed to state a cause for action for assault and battery, was barred by the Political Subdivision Tort Claims Act and its qualified immunity, along with the applicable statute of limitations, and further barred by law enforcement privilege under 18 Pa.C.S. Section 508.
For a lone count of assault and battery, the plaintiff was seeking damages in excess of $50,000, plus costs, delay damages, compensatory damages, punitive damages, costs and such other and further relief as appears reasonable and just, in addition to a trial by jury in this matter.
The plaintiff is represented by Brian J. Zeiger of Levin & Zeiger, in Philadelphia.
The defendants are represented by Andrew Pomager of the City of Philadelphia Law Department, also in Philadelphia.
Philadelphia County Court of Common Pleas case 180600207
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com