PHILADELPHIA – A man targeted by a Philadelphia Police Department narcotics investigation and arrested in 2018, but whose charges were later dropped the following year, contends that he was wrongfully arrested and subjected to malicious prosecution.
Matthew Pippen filed suit in the U.S. District Court for the Eastern District of Pennsylvania on April 1 versus Philadelphia Police Department officers Scott Schweizer, Erik Pross, Patrick Banning, Michael Szelagowski and John Doe officers 1-10. All parties reside in Pennsylvania.
“Plaintiff was arrested by Philadelphia police officers in 2018, including the above-named defendants in relation to a narcotics investigation within the City of Philadelphia. The plaintiff was arrested and charged with purchase/receipt of narcotics and simple possession,” the suit states.
“On April 3, 2019, all charges against the plaintiff were dismissed in Philadelphia Municipal Court. Plaintiff contends the defendants lacked probable cause to arrest, detain and prosecute him, as he was not participating in any criminal activity and had not sold, possessed, nor purchased drugs.”
Pippen says he was searched, seized, detained, arrested and incarcerated.
“After arresting plaintiff, defendant and other law enforcement agents at his direction, completed police paperwork and attested probable cause existed to believe plaintiff committed a criminal act and both should be criminally charged for violating the law. Defendants and other law enforcement agents at their direction, completed police paperwork regarding this incident and forwarded it to the Philadelphia District Attorney’s Office for prosecuting the plaintiff,” per the suit.
“Based on the claims made by defendants, including his observations which were the entire basis for the police paperwork generated, plaintiff was charged. Plaintiff was arrested, searched, seized and prosecuted based upon alleged observations by defendants. Plaintiff avers he was not violating any laws before or at the time he was arrested. Plaintiff never spoke with, interacted, physically touched, nor communicated with in any way, any person trying to buy narcotics and plaintiff never possessed any illegal drugs. Plaintiff, at no time during this investigation, was participating in criminal activity, nor did he exchange any money or narcotics with any persons.”
For a count of malicious prosecution through violation of the Fourth and Fourteenth Amendments to the U.S. Constitution, the plaintiff is seeking individually, jointly and severally, compensatory, punitive and exemplary damages in excess of $150,000, plus attorney’s fees, costs, and interest, plus a trial by jury.
The plaintiff is represented by David Wesley Cornish of Cornerstone Legal Group, in Philadelphia.
The defendants have not yet secured legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:21-cv-01550
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com