PHILADELPHIA – An officer accused of committing assault against a demonstrator during protests surrounding the Minneapolis killing of George Floyd last year, has denied any and all wrongdoing in the incident.
Adam Al-Asad of Philadelphia first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Nov. 29 versus the City of Philadelphia and Philadelphia Police Officer Brian Belli.
“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 said.
“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 said he immediately fled from the intersection of Broad Street and Race Street to Dilworth Plaza, outside of City Hall.
While standing with a crowd of onlookers, Al-Asad said bicycle officer Belli, 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 Belli 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, Belli 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 Belli 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 Belli and the unknown police supervisor refused to call for medical assistance,” the suit stated.
“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 Belli, Al-Asad suffered physical injuries to his lower back, pain and suffering, psychological and emotional distress, some of which may be permanent.”
The City filed a motion to dismiss the complaint on Dec. 22, for failure to state a claim upon which relief could be granted.
“Here, the plaintiff has failed to plead any facts to establish a pattern of behavior by Officer Belli or any other police officer that would form the basis for such a claim. Furthermore, plaintiff fails to adequately plead a municipal liability claim under Section 1983 because his complaint includes only conclusory statements about the City’s alleged policy, practice or custom, with no supporting factual allegations. Plaintiff also fails to identify a municipal policymaker. Finally, plaintiff fails to allege prior instances of misconduct to support a failure-to-train or discipline based Monell claim,” the City’s dismissal motion stated.
“Additionally, plaintiff fails to state a failure-to-train or discipline claim because the complaint did not identify prior instances of misconduct caused by allegedly inadequate training. Although the failure of a municipality to train its employees may support a Monell claim, such a theory represents the most ‘tenuous’ sort of municipal liability under Section 1983. Here, plaintiff fails to plead any facts that would suggest a pattern of unconstitutional conduct by untrained employees. Rather, plaintiff relies wholly on unsubstantiated and conclusory allegations, which are insufficient to state a failure to train claim. Such pleading deficiencies necessitate the dismissal of plaintiff’s Monell claim against the City.”
UPDATE
In a Jan. 6 answer to the case’s amended complaint, Belli’s counsel issued a wholesale denial to the complaint’s allegations and offered seven affirmative defenses.
“Plaintiff has failed to state a claim upon which relief can be granted. Answering defendant asserts all of the defenses, immunities and limitations of damages available to him under the Political Subdivision Tort Claims Act and aver that plaintiff’s remedies are limited exclusively thereto. Answering defendant is immune from liability under the doctrine of qualified immunity. The plaintiff has suffered no legally cognizable injury, harm, loss or damage upon which relief can be granted,” the defenses stated.
“The plaintiff’s claims are barred, in whole or in part, to the extent that he has failed to take reasonable measures to mitigate any or all damages. The plaintiff’s claims are barred, in whole or in part, insofar as answering defendant’s purported actions or omissions were not the proximate cause of any alleged injury, loss or damage incurred by the plaintiff. At all times material to this civil action, answering defendant has acted in a reasonable, proper and lawful manner.”
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 are represented by Assistant City Solicitor Kathryn Faris, also in Philadelphia.
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