PHILADELPHIA – A lawsuit filed by a Philadelphia man claims he barely survived an encounter with Philadelphia police officers who allegedly used excessive force on him and caused him to suffer both near-fatal cardiac arrest and permanent brain injuries.
Hykeem Truesdale of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on July 13 vs. Philadelphia Police Officers Wilfredo Hernandez, Leo Jackson, Caitlin Smith, Stark and Fox (first names not provided).
Truesdale was a resident on N. 24th St. when Hernandez, Stark and Fox responded to a call of a “domestic violence incident” at the premises. At the time, Truesdale, his girlfriend Jazmine Baldwin and their child were present at the residence – with the plaintiff and Baldwin supposedly having been in an argument about Baldwin’s cellular phone, which he had taken up to his room. This led to the initial police call in the matter.
Stark and Fox entered the residence to retrieve Baldwin’s phone and found Truesdale in his room folding laundry, per the lawsuit. After spending about 10 minutes speaking with him, Hernandez entered the home, burst through the door and allegedly told the plaintiff, “I am going to shoot you if you don’t stand up and put your hands behind your back.”
Truesdale replied to Hernandez that he would comply with his demand, but that he had a bad heart and asked that he not be tasered, he claims.
“Plaintiff proceeded to stand up in a peaceful and cooperative manner inside his home,” the suit states. "At this time, plaintiff had committed no crime, and this detention and arrest was without probable cause or authority under the law, which Officers Hernandez, Stark and Fox all knew or should have known. All defendants had actual knowledge by the plaintiff’s statement of his medical condition of a bad heart. In fact, plaintiff had been previously diagnosed with heart problems by his primary care physician
“While plaintiff was standing up, Officer Hernandez suddenly and without warning, and in an unlawful, excessive and unauthorized use of force, tasered plaintiff with an Electronic Control Weapon (ECW), causing him to fall to the floor in the hallway. The use of the Electronic Control Weapon in this fashion was in violation of the training of the Philadelphia Police Department’s use of force continuum and ECW training. Plaintiff fell to the floor, heart stopped, foaming at the mouth, lifeless.”
According to the lawsuit, Truesdale suffered cardiac arrest, anoxic brain injury, traumatic brain injury, leg dysfunction, severe scarring and disfigurement, post-traumatic anxiety and depression, severe damages to his nerves and nervous system, and various other ills and injuries which the plaintiff suffers and continues to suffer for an indefinite period of time into the future.
Though unconscious, the lawsuit says Truesdale was still handcuffed by police and carried out to the porch, where CPR was performed and he was taken to Temple University Hospital. His heart had been stopped and he was without oxygen to the brain for more than 30 minutes, the suit says, and he remained under 24-hour surveillance by police.
“In an effort to cover up their unlawful, excessive and unauthorized use of police force against the plaintiff, the defendants manufactured charges against the plaintiff, charging him with robbery, receiving stolen property, theft by unlawful taking, aggravated assault, possession of an instrument of crime, simple assault, recklessly endangering another person, and other various felonies and misdemeanors. Each of these charges was baseless, and there existed no probable for such charges, a fact known to each of these defendants,” the complaint reads.
The District Attorney’s Office withdrew the charges filed against Truesdale on Sept. 15, 2017, the suit says.
On Aug. 6, the defendants filed an answer to the complaint featuring new matter, asserting qualified and judicial immunity from suit, under the Political Subdivision Tort Claims Act. The officers further claimed the plaintiff suffered no injury upon which relief can be granted, and that probable cause existed to arrest him. The officers also demanded a jury trial.
In response, the plaintiff countered on Aug. 10 by categorically denying all of the defendant’s new matter assertions.
For counts of assault and battery, intentional infliction of emotional distress, and false arrest the plaintiff is seeking compensatory and punitive damages, individually, jointly and severally, in excess of $50,000, plus costs and such other relief the Court shall deem appropriate.
The plaintiff is represented by Kevin O’Brien of Stampone Law in Cheltenham. The defendants are represented by Shannon Zabel of the City of Philadelphia’s Law Department, in Philadelphia.
The Philadelphia County Court of Common Pleas Case No. is 180701461.
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com