ALLENTOWN – A Maryland woman claims she was the victim of excessive force from Lancaster Police Department officers and suffered a broken arm in the process, when the police came to her residence and forcibly evicted her.
Salome Nzeba Kapepula of Derwood, Md. filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Nov. 29 versus the City of Lancaster, the Lancaster Police Department, Officer Derek R. Kanuck and John Doe Officers 1-10, all of Lancaster.
“Plaintiff Kapepula was temporarily occupying the property and thus had legal rights as an occupant therein. On or around Oct. 2, 2021, plaintiff Kapepula’s roommate was attempting to unlawfully evict and eject her from the property. For example, plaintiff Kapepula’s roommate called the police to have her removed from the property. Defendants Kanuck and Does were called to the property on Oct. 2, 2021, where plaintiff Kapepula was found on the front porch gathering her belongings,” the suit says.
“Defendants Kanuck and Does were quickly informed that the basis for the police call was to evict and eject plaintiff Kapepula from the property. Thereafter, while at the property, defendants Kanuck and Does admitted and conceded that they did not have the authority nor jurisdiction to evict plaintiff Kapepula. Nonetheless, without any reasonable cause or proper justification, defendants Kanuck and Does surrounded plaintiff Kapepula, so that she had no means to leave. As such, an unlawful seizure was taking place.”
The suit adds that on numerous occasions, plaintiff Kapepula pleaded with Officer Kanuck and the Doe Officers to be left alone, but they continued to restrict her movement, before grabbing her purse and unlawfully searched her belongings without her consent.
“Next, without any reasonable basis or probable cause, Officers Kanuck and Does moved closer to plaintiff Kapepula in a threatening manner. Plaintiff Kapepula pleaded with the officers to leave her alone. Officers Kanuck and Does did not leave plaintiff Kapepula alone, but in fact, brought her to the ground and unlawfully attempted to handcuff her. While in the process of handcuffing her, the use of force was so extreme that it snapped plaintiff Kapepula’s left arm. She was caused to suffer a left closed distal third spiral humeral fracture. Defendants Kanuck and Does in attempting to effectuate an arrest and in handcuffing plaintiff Kapepula used excessive and unreasonable force,” the suit states.
“Plaintiff Kapepula was immediately brought to LGH Emergency Department, where she was evaluated and placed in a posterior splint and sling. On Oct. 7, 2021, plaintiff Kapepula underwent an open reduction and internal fixation surgery for her broken arm. As an attempt to cover-up their grotesque and inhumane actions which violated plaintiff Kapepula’s civil rights, Officer Kanuck and Does has the audacity to cite plaintiff Kapepula with summary offenses for public drunkenness and trespass. Knowing how false these charges were, Officers Kanuck and Does did not even bother to show up to the hearing at the Magisterial District Level and the summary offenses were dismissed. Based upon the circumstances, defendants had no reasonable nor cognizable basis for utilizing excessive force, searching her personal belongings and seizing her, including the assault and battery upon plaintiff Kapepula.”
The suit continues in mentioning that upon information and belief, defendant Kanuck has since been transferred to a different police department.
“It is sad that still in today’s world a young, African-American woman is still subjected to heinous offenses by law enforcement. Plaintiff Kapepula demands justice for having her civil rights violated,” the suit says.
For counts of civil rights violations through excessive force under 42 U.S.C. Section 1983, violation of Fourteenth Amendment rights and assault and battery, the plaintiff is seeking compensatory damages, exemplary and punitive damages, interest, attorney’s fees and costs and such other and further relief as the Court deems just and equitable.
The plaintiff is represented by Ian V. Gallo of Town Law and Jordan Strokovsky of Strokovsky, LLC, both in Philadelphia.
The defendants have not yet obtained legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 5:22-cv-04741
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com