HARRISBURG – Two Black women from Harrisburg say they were profiled by members of the Derry Township Police Department at a local outlet store, accused of retail theft and arrested, before later being released when it was learned that they had in fact committed no crime.
Quashae Brown and Quanae Brown filed suit in the U.S. District Court for the Middle District of Pennsylvania on Feb. 1 versus The Gap, Inc. of San Francisco, Calif., Marygrace Kepple, Police Officers Dennis Eckenrode, Rian Bell, Rebecca Kessler, Tom Pavone (all c/o Derry Township Police Department) and Derry Township, all of Hershey.
“On or about Dec. 22, 2020, beginning at approximately 11 a.m. and continuing for approximately 1-2 hours, Quashae and Quanae were business invitees at the Tanger Outlets Hershey, located at 46 Outlet Square, Derry Township, Dauphin County, Pennsylvania, where they were lawfully and peacefully Christmas shopping at various retailers. At the same time and place aforesaid, Quashae and Quanae were accompanied by their cousin, Trinity Tiina Arlez Bellamy Reid, who had driven Quashae and Quanae to Tanger in a Chevrolet Cavalier owned by Trinity’s mother,” the suit says.
“Quashae, Quanae, and Trinity are each African-American individuals. At the time aforesaid, Quashae was a college student at Lincoln University while her younger sister Quanae was a high school senior at Dauphin County Technical School and her cousin Trinity was a high school senior at Central Dauphin East High School. While shopping at Tanger as aforesaid, Quashae, Quanae and Trinity legally purchased items from various retailers including but not limited to The Gap Outlet and Old Navy. As Quanae and Trinity walked out of The Gap Outlet toward the Chevrolet Cavalier, they were confronted in the Tanger parking lot by Officers Kepple and Eckenrode.”
The plaintiffs and Trinity were all accused of committing retail theft at Old Navy by the officers, who placed them all under custodial arrest – handcuffing them, engaging in searches of their belongings and confining them in nearby police vehicles.
Quashae, Quanae and Trinity each were transported by Derry Township police personnel from Tanger to the Derry Township police department headquarters, where they remained detained in custody for several hours until finally being released, when it was determined that they had committed no crime.
The suit explains the officers responded to reports from employees of the Old Navy and Gap stores in the Tanger Outlets Hershey, who advised that three young Black women were “acting suspicious” and may have stolen merchandise – however, surveillance footage from the Old Navy store “shows no evidence of Quashae, Quanae or Trinity committing retail theft or any other crime.”
“It is believed, and therefore averred, that the aforesaid conduct of the employees of Old Navy and The Gap outlet, as well as the aforesaid conduct of Officer Kepple, Officer Eckenrode, Officer Bell, Officer Kessler, and Det. Pavone were motivated by a predisposed bias due to the fact that Quashae, Quanae and Trinity are African-American individuals. Defendants initiated and continued the aforesaid accusations, detentions, arrests, incarcerations, searches and seizures of Quashae and Quanae without probable cause, in reckless disregard of their rights, and with malice,” the suit states.
“Defendants initiated and continued the aforesaid detentions, arrests and confinements of Quashae and Quanae despite the existence of credible, exculpatory evidence which was known to defendants. Neither Quashae or Quanae committed any offense nor engaged in any conduct justifying their aforesaid detentions, arrests, incarcerations, searches or seizures.”
For multiple counts of wrongful use of process, injunctive relief, civil rights violations and state law claims, the plaintiffs are seeking the following relief:
• Compensatory damages;
• Punitive damages;
• A court order directing each defendant herein to adopt, promulgate, train, and/or participate in educational and training programs designed to inform and counsel participants regarding racial sensitivity and constitutional rights, as well as the implementation and enforcement of policies designed to consider racial profiling, racial bias and prejudice, and the constitutional right to equal protection of the laws;
• Reasonable attorney’s fees and costs; and
• Such other and further relief as appears reasonable and just, and a jury trial as to each defendant and as to each claim for relief.
The plaintiffs are represented by Richard M. Wiener of the Law Offices of Richard M. Wiener, in Conshohocken.
The defendants are represented by Rolf E. Kroll of Margolis Edelstein, in Camp Hill.
U.S. District Court for the Middle District of Pennsylvania case 1:22-cv-00165
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com