PHILADELPHIA – A pair of Philadelphia police officers deny they used excessive force when they arrested a man after he allegedly ran a red light at a Northwest Philadelphia intersection.
Jamil Boyd first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Aug. 4 versus the City Of Philadelphia, Officer David Dohan, Officer Thomas LaCorte, and John Does, Nos. 1-10. All parties are of Philadelphia.
“On Aug. 17, 2018, plaintiff was driving a vehicle travelling northbound on Germantown Avenue, with his Chihuahua dog in the backseat. At approximately 7:19pm, defendants allege plaintiff disregarded a steady red signal at the busy intersection of Germantown and Chelten Avenues,” the suit said.
“There is a camera at this intersection, but defendants failed to recover the video footage. Defendant Police Officers Dohan and Lacorte activated their police siren and stopped plaintiff’s vehicle at 6001 Germantown Avenue.”
Once the officers learned Boyd’s name, they advised the plaintiff that he was operating his vehicle on a suspended license, that he was in ‘wanted’ status out of both Delaware and Montgomery counties and ordered him out of the vehicle. Boyd complied with the defendants’ orders, and placed his hands on top the roof of his vehicle, with defendants directly behind him.
“Plaintiff turned his head to look behind at defendant Dohan and asked, ‘Why are you arresting me, officer?’ Without provocation, defendant Dohan grabbed plaintiff by the shirt, and punched him once with a closed fist to his mouth. Defendant Dohan pushed plaintiff to the ground, causing him to fall face first, hitting his top lip on the cobblestone and concrete sidewalk,” per the suit.
“Defendants allege plaintiff fell to the floor because he tripped on the curb. Germantown Avenue is a historical road, and the concrete sidewalk is cobblestone with a tall, 12-inch sidewalk. As the plaintiff was lying face down on the ground, both defendants immediately jumped on top of him. Both defendants struck plaintiff in the face and mouth multiple times for several minutes without trying to handcuff or restrain him while laying on top of him.”
Boyd said he never physically resisted or punched defendants, and the defendants never alleged they suffered any physical injuries. Additionally, the defendants tased the plaintiff from behind while he was still on the ground, and then placed handcuffs on him.
“Plaintiff was taken to Einstein Hospital, for emergency treatment to his face, mouth, and taser deployment. Both defendants used excessive force during the arrest which caused severe injuries resulting in plaintiff being hospitalized. His injuries included multiple dental fractures that resulted 4 lost teeth, 14 sutures to his lip and multiple abrasions to his extremities,” the suit said.
“Defendants first knocked out his two top front teeth. A later surgery required removal of plaintiff’s two bottom front teeth. Defendants also caused lacerations to plaintiff’s shoulders, back, and legs.”
Boyd pointed to an August 2018 analysis of complaints against Philadelphia police officers, which showed defendant Dohan has one of the highest rates of citizen complaints against police officer of any officer in the department.
“As of August 2018, the same month plaintiff was arrested, defendant Dohan had 19 complaints since 2013, averaging four complaints a year. It should be noted that, on average, it is unusual for a Philadelphia police officer to garner more than one complaint a year,” the suit stated.
Boyd added a similar complaint involving Dohan and similar illegal, excessive force conduct was settled on Dec. 16, 2017 for the sum of $110,000. Eight months later, defendant Dohan assaulted Boyd.
“Furthermore, defendants, Dohan and LaCorte stole plaintiff’s Chihuahua dog from the backseat of the vehicle when plaintiff was in custody, and placed the dog at the nearest animal shelter without plaintiff’s permission. Unfortunately, plaintiff never found his Chihuahua dog due to defendants’ deceitful behavior.”
“The animal shelter’s paperwork reveals defendants dropped off plaintiff’s Chihuahua dog one hour later the same day at 8:27pm, at Animal Care & Control Team of Philadelphia, located at 111 W. Hunting Park Avenue. Defendants falsely avowed on the discharge paperwork that ‘to the best of their knowledge, this is a stray or unowned animal.”
Boyd was never able to recover his dog and avows he is also facing allegedly-manufactured criminal charges against him.
“After plaintiff was in custody, defendants stated that for the first time, they now smelled a strong odor of marijuana emanating from the vehicle, and recovered from on top of the front passenger seat underneath the bag was various narcotics and a loaded firearm. The criminal case is currently pending jury on Feb. 1, 2021 in the Philadelphia County Court of Common Pleas,” the suit stated.
UPDATE
The City, Dohan and LaCorte filed an answer to the complaint on Oct. 21.
Though admitting they had stopped Boyd, the officers maintained they informed the plaintiff before he was ordered out of his vehicle that he was wanted in Delaware County and Montgomery County, and Officer Dohan specifically denies punching the plaintiff or jumping on top of him.
“Officer Dohan pushed the plaintiff from behind as he pursued the plaintiff, who was fleeing from the officers to avoid being arrested and it is admitted that the plaintiff tripped on the curb as Officer Dohan was pushing him to stop his flight,” the answer read, in part.
“The officers did not jump on him. They used physical force on the plaintiff to subdue him as he actively resisted arrest while lying on the pavement. The plaintiff actively resisted arrest, and at one point during the struggle, the plaintiff grabbed Officer LaCorte’s holstered firearm in an attempt to draw it, at which time Officer Dohan deployed his taser to prevent the plaintiff from getting control of the firearm.”
Furthermore, Officers Dohan and LaCorte specifically deny knocking out the plaintiff’s two front teeth.
“The plaintiff tripped and fell hard to the pavement while fleeing from the officers. The plaintiff tripped as Officer Dohan was pushing the plaintiff from behind in an effort to subdue him. The officers specifically deny being the legal cause of any injury to the plaintiff,” per the answer.
The City, Dohan and LaCorte also provided a pair of affirmative defenses.
“The plaintiff’s complaint fails to state a claim upon which relief can be granted. At all times relevant to this civil action, the individual answering defendants acted in good faith and in accordance with the law as police officers, and each officer is entitled to the defense of qualified immunity,” per the answer.
For counts of malicious prosecution, wrongful arrest, excessive force and liability under Monell, the plaintiff is seeking personal injury damages; compensatory damages for deprivation of constitutional rights, injury to reputation, mental and emotional distress, pain and suffering, economic loss, deprivation of her liberty and property interests; punitive damages; attorney’s fees; costs of suit; interest, delay damages and any other further relief this Court deems just proper and equitable.
The plaintiff is represented by Graham F. Baird of the Law Offices of Eric A. Shore, in Philadelphia.
The defendants are represented by Matthew K. Hubbard of the City of Philadelphia Law Department, also in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 2:20-cv-03777
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com