PHILADELPHIA – An Eddystone police officer has denied liability for head injuries suffered by a Walmart shoplifter, in the course of law enforcement authorities responding to a shoplifting complaint and arresting her.
Shauna Patterson of Folsom first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Jan. 23 versus Walmart, Inc., Raymond Trent and Michael Slowik, all of Eddystone.
“On Nov. 19, 2021, Walmart was operating in Eddystone, PA. Defendant Trent was employed as a loss prevention officer for Walmart and defendant Slowik, was employed as a police officer at Eddystone Borough Police Department in Delaware County, Pennsylvania,” the suit said.
“On Nov. 19, 2021, plaintiff was inside of Walmart and had shoplifted shampoo. Defendants Trent and Slowik tackled her to the ground in the Walmart parking lot. Plaintiff’s head bounced off the asphalt ground surface. Defendant Slowik body-slammed plaintiff to the ground, and defendant Trent sat on top of plaintiff while she was actively seizing on the ground.”
The suit added that as a result of the force used against the plaintiff, she suffered a fractured skull, a traumatic brain injury, a brain bleed and a fractured clavicle.
“Plaintiff did not run from the defendants and did not resist arrest in any way. Plaintiff was found guilty of crimes related to the theft, all other charges were dismissed against plaintiff. Defendant Trent was not properly trained and supervised by Walmart. Defendants Trent and Slowik conspired to beat and harm plaintiff,” the suit stated.
UPDATE
Counsel for defendant Slowik answered the complaint on Feb. 8, denying Patterson’s allegations of excessive force, assault, battery and others against him and his co-defendants.
“Plaintiff was inside Walmart and shoplifted multiple items, including shampoo. It is specifically denied that plaintiff was tackled or that she was in the parking lot at the time of arrest. Rather, she resisted arrest inside of Walmart. Plaintiff was not tackled and was not in the parking lot nor did her head bounce off the asphalt ground surface. She was arrested inside of Walmart. It is specifically denied that plaintiff was body-slammed to the ground or that anyone sat on top of her or that she was ‘seizing.’ Strict proof is demanded. All claims of causation and claims of alleged injury by Officer Slowik are denied,” the answer stated, in part.
“Plaintiff did not run from Officer Slowik but had to be restrained in the aisle at Walmart as she refused to submit to the arrest. Plaintiff flailed her arms and elbows aggressively toward Officer Slowik and the Walmart Loss Prevention Officer and refused to put her hands behind her back. Her actions involved resisting arrest. Plaintiff pled guilty to retail theft in a negotiated plea in which the prosecutor agreed to dismiss the remaining charges. All averments of conspiracy are specifically denied as are all allegations that plaintiff was beaten. Strict proof is demanded.”
Counsel for Slowik further provided 15 affirmative defenses on their client’s behalf.
“The complaint fails to state any claim upon which relief may be granted. All claims against defendant Slowik are barred by application of the doctrine of qualified immunity as articulated in Harlow v. Fitzgerald, and subsequent decisions. At all relevant times during this action, the individual defendant’s acts were all done in good faith and pursuant to law and in no way violated any rights, process, protection, privileges or immunities to which plaintiff is entitled under the Constitution of the United States and the Commonwealth of Pennsylvania,” the defenses read, in part.
“Individual defendant asserts that he did not violate clearly established law, and at all times concerned, acted in a manner that was proper, reasonable and lawful and in the exercise of good faith and, as such, enjoys not only a right to qualified immunity but also a right not to be brought to trial as articulated in Mitchell v. Forsyth. Merely negligent or careless conduct on the part of defendant, if any such occurred, is insufficient to maintain a cause of action pursuant to 42 U.S.C. Section 1983. The alleged injuries or damages sustained by the plaintiff, if any, resulted solely from her own conduct in refusing to submit to arrest and/or were pre-existing or subsequently occurring conditions and not from any violation of her civil rights or by any willful conduct of the individual defendant.”
For counts of excessive force, conspiracy, negligence, vicarious liability, negligent hiring, negligent retention, negligent supervision, assault and battery, the plaintiff is seeking damages in a sum greater than $75,000, plus costs and delay damages, and all other appropriate relief, including compensatory damages, punitive damages and such other and further relief as appears reasonable and just.
The plaintiff is represented by Brian J. Zeiger of Levin & Zeiger, in Philadelphia.
Defendant Slowik is represented by Suzanne McDonough of Holsten & Associates, in Media.
U.S. District Court for the Eastern District of Pennsylvania case 2:23-cv-00272
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com