PHILADELPHIA — An individual is suing the Lancaster City Police Department, citing alleged unconstitutional seizure of person.
Damin Burnside filed a complaint on Jan. 3 in the U.S. District Court for the Eastern District of Pennsylvania against the City of Lancaster, Jacob Bingham and Timothy Sinnott for violation of plaintiff's constitutional rights under the 4th and 14th Amendments of the United States Constitution by holding him in custody with no authority to do so.
According to the complaint, on Feb. 25, 2018, Damin Burnside was approached by Bingham and Sinnott in their capacity as Lancaster Police officers, asking him to move his car.
Plaintiff claims he complied with defendants request and stepped out of his vehicle but was allegedly grabbed by the police officers and put him in a "full-nelson hold, then threw him to the concrete between the gas pumps."
The complaint states he was then handcuffed behind his back and charged him with possession of marijuana, when no marijuana was present on the ashtray of his car.
The plaintiff holds City of Lancaster, Bingham and Sinnott responsible because the defendants allegedly conspired with each other to initiate criminal charges against plaintiff without probable cause and maliciously pursued false charges against him.
The plaintiff requests a trial by jury and seeks judgment for such sums as would reasonably and properly compensate for injuries in excess of $150,000, plus interest, costs, attorneys' fees, declaratory and injunctive relief. He is represented by Brian Zeiger of Levin & Zeigler in Philadelphia.
The U.S. District Court for the Eastern District of Pennsylvania Case No. is 5:19-cv-00017-EGS.