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Legal observers who attended George Floyd protest claim Philly police officer assaulted them with baton

PENNSYLVANIA RECORD

Friday, November 22, 2024

Legal observers who attended George Floyd protest claim Philly police officer assaulted them with baton

Federal Court
Pauljhetznecker

Hetznecker | Paul Hetznecker, Attorney At Law

PHILADELPHIA – A pair of legal observers who attended a local protest after the killing of George Floyd in Minneapolis say they were attacked by police responding to the event and suffered a multitude of serious injuries.

Torin Malone Smith and Amanda Geraci of Philadelphia filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Nov. 29 versus the City of Philadelphia and John Doe (a Philadelphia police officer).

“On May 30, 2020, plaintiffs Smith and Geraci attended the George Floyd/Black Lives Matter protest in Philadelphia, Pennsylvania. Smith and Geraci volunteered as legal observers during the protests on that day. Their role as legal observers was to witness and document any arrests, and then provide that information to the legal support team,” the suit says.

“Smith and Geraci were on Broad Street during the protest, when they heard through the crowd of protesters that an individual was arrested by the Philadelphia police in front of the Arch Street Methodist Church at 55 North Broad Street. Smith and Geraci moved through the crowd, in order to get closer to the where the protester was being arrested. Smith and Geraci were wearing bright green t-shirts, with large letters identifying them as legal observers.”

The plaintiffs added they observed the arrest of protester Elijah Blanton by Philadelphia police officers, at which time they claim they approached Blanton and informed him they would provide the legal team with his information, as well as family and friends so that they could assist him.

In the area of Broad Street and Arch Street, Smith and Geraci observed police escort Blanton through the crowd, and then followed behind the Philadelphia police officers and Blanton.

As the plaintiffs followed the arresting officers, several additional Philadelphia police officers approached both plaintiffs. Smith was several yards behind the arresting officers and Blanton, while Geraci was holding onto the back of Smith’s bright green legal observer shirt.

“Without provocation or legal justification, Smith was struck in the chest with a baton wielded by Doe. Immediately, Smith fell to the ground disoriented and in pain,” the suit states.

“Shortly after Smith fell to the ground from the force of Doe’s blow, Geraci attempted to assist Smith to his feet, at which point Geraci was struck in the face with a baton by the same defendant, Doe. Smith and Geraci were struck with the baton wielded by the same defendant. Upon receiving the blow to the face from Doe’s baton, Geraci immediately lost consciousness and collapsed.”

Although still suffering from the blow to his chest, Smith says he was able to recover and assist Geraci to her feet, and helped her to regain consciousness by talking to her. Shortly after Smith was able to assist Geraci to her feet, the suit explains they were separated from one another.

“Smith was later treated by an on-scene medic providing general medical assistance to the protesters. The medic informed Smith that he/she believed that Smith did not suffer a concussion. However, Smith did have several visible bruises, including bruises on his ribs. Smith did not seek treatment at a hospital for his injuries. Geraci was treated by a medic on scene providing general medical assistance to the protesters. The medic treated Geraci for a concussion as the result of the baton strike to her face by Doe. Geraci was eventually escorted home by friends,” the suit says.

“Later that afternoon, Geraci was treated at a hospital for the concussion she suffered as the result of Doe striking her in the face with his baton. Geraci remained out of work for several weeks, and continues to suffer from the impact of the baton strike to her face.”

For multiple counts of excessive force, common law assault and battery and civil rights violations, the plaintiffs are seeking compensatory damages, punitive damages, reasonable attorney’s fees and costs, and such other and further relief as appears reasonable and just.

The plaintiffs are 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-05241

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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