PHILADELPHIA — A Franklin Mills liquor store owner alleges a City of Philadelphia police officer used excessive force and illegally detained him.
Michael Capobianco filed a complaint July 19 in the U.S. District Court of Eastern District of Pennsylvania against Police Officer Winckler of the 8th Police District alleging illegal seizure and other claims.
Capobianco, a liquor restaurant and bar license holder, alleges in his complaint that he had parked his vehicle in front of his designated store in Franklin Mills on Feb. 5, 2022. He claims while the defendant officer attempted to ticket his car for not having a special license on his vehicle, he tried to show Winckler his liquor license.
Capobianco alleges that he was never combative or threatening to Winckler when the officer dragged him out of his store and caused him to suffer injuries. He further alleges that when he asked Winckler for his name and to speak to his supervisor, the officer refused.
Capobianco claims he then called 911 and spoke to Winckler's supervisor, who told him to go to the 8th Police District to file an incident report. He alleges Winckler's actions violated his Fourth Amendment rights by physically seizing him, not allowing him to leave and for using excessive force.
Capobianco seeks monetary relief, trial by jury and all other just relief. He is represented by Stephen O'Hanlon of The O' Hanlon Law Firm PC in Philadelphia.