PHILADELPHIA – A local man alleges an unnamed Philadelphia police officer committed a brutal assault against him during his participation in protests surrounding the Minneapolis killing of George Floyd last year, and that the City of Philadelphia is also liable for the excessive force he suffered in that incident.
Adam Al-Asad of Philadelphia filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Nov. 29 versus the City and John Doe (a Philadelphia police officer).
“On Saturday, May 30, 2020, plaintiff, Adam Al-Asad, asserted his rights under the First Amendment of the United States Constitution by joining George Floyd/Black Live Matter Protests in Philadelphia, Pennsylvania. Plaintiff was invited to join the protest by a friend,” the suit says.
“On May 30, 2020, Al-Asad arrived in Center City, Philadelphia, Pennsylvania around mid-day. Upon his arrival, Al-Asad observed the crowd of protesters and could hear the police sirens. Al-Asad and a friend joined the protest march in the area of Broad Street and Race Street in Center City, Philadelphia. Shortly after joining the protest, Al-Asad witnessed police officers beating protesters with batons and spraying the protesters with pepper spray.”
Al-Asad added that while peacefully protesting with many others in the area of Broad Street and Race Street, he was struck in the face with pepper causing his eyes to burn. The plaintiff says he immediately fled from Broad and Race Street to Dilworth Plaza, outside of City Hall.
While standing with a crowd of onlookers, Al-Asad said bicycle officer Doe, without just cause or legal justification, struck him in the back with a metal pole, and that the force of the blow caused the plaintiff to fall to his injured knee.
As he was suffering from pain in his back and knee, Al-Asad said he turned to see defendant Doe staring at him. Once the plaintiff was on his feet, he observed the metal pole on the ground.
“After Al-Asad in the back with a metal pole, Doe joined the line of officers surrounding the [nearby] Starbucks and started speaking to a police supervisor. Al-Asad approached the defendant to talk to him about what happened. Defendant Doe and the police supervisor both laughed at Al-Asad and ignored his request for an explanation as to why he was assaulted. Al-Asad then requested medical assistance for his injury and both defendant Doe and the unknown police supervisor refused to call for medical assistance,” the suit states.
“Eventually, Al-Asad was taken to Jefferson Hospital by a friend. Once at Jefferson Hospital, Al-Asad was treated for a bruised tailbone and bruises on his lower back. As the result of the actions by defendant Doe, Al-Asad suffered physical injuries to his lower back, pain and suffering, psychological and emotional distress, some of which may be permanent.”
For counts of excessive force, retaliation against free expression, common law assault and battery and civil rights violations, the plaintiff is seeking compensatory damages, punitive damages, reasonable attorney’s fees and costs and such other and further relief as appears reasonable and just.
The plaintiff is represented by Paul J. Hetznecker in Philadelphia.
The defendants have not yet secured legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:21-cv-05242
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com