PHILADELPHIA – A Delaware County man claims he was the victim of excessive force and suffered several serious injuries, when he was allegedly assaulted without warning by several members of the Upper Chichester Township Police Department two years ago.
Wayne Fawley of Garnet Valley filed suit in the U.S. District Court for the Eastern District of Pennsylvania on July 6 versus Upper Chichester Township and Upper Chichester Township Police Department Officers Daniel Clapp, Kevin Connelly, E. Brinkman, J. Mark and John Does.
“On July 17, 2020, at approximately 8:30 p.m., plaintiff was in a single-vehicle car accident when his vehicle had a mishap with the front passenger wheel, which caused plaintiff’s truck to collide with the side of the Chichester Avenue Bridge at Kingsman Road. After plaintiff checked his vehicle, plaintiff attempted to drive his vehicle home when he noticed smoke coming out of the hood,” the suit says.
“Plaintiff pulled his vehicle into a baseball field parking lot, after he realized several Upper Chichester police vehicles were behind him. Plaintiff then exited his vehicle with his hands in the air, then without warning or justification, defendant officers grabbed the plaintiff, put him in an illegal choke hold and assaulted/battered the plaintiff, by slamming the plaintiff to the ground and kicking him in the head. As a result of the defendants’ illegal assault, battery and excessive force of the plaintiff, Fawley suffered a ruptured spleen, broken dentures and injuries to his right shoulder.”
The suit added that the incident was an example of excessive force and violated Fawley’s rights under both the U.S. Constitution and federal law.
For counts of excessive force under the Fourth Amendment to the U.S. Constitution and 42 U.S.C. Section 1983, failure to train, supervise and discipline under 42 U.S.C. Section 1983 and Monell, assault and battery and intentional infliction of emotional distress, the plaintiff is seeking compensatory damages, punitive damages, attorney’s fees, interest, costs of suit and such relief as the Court may deem just and equitable, in addition to a trial by jury.
The plaintiff is represented by Joseph S. Oxman of Oxman Goodstadt & Kuritz, in Philadelphia.
The defendants have not yet secured legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:22-cv-02625
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com