PHILADELPHIA – A local man alleges he was assaulted and battered by a series of corrections officers while in custody at Curran-Fromhold Correctional Facility two years ago.
Leo Hollis filed suit in the U.S. District Court for the Eastern District of Pennsylvania on March 8 versus the City of Philadelphia, Commissioner Blanche Carney, Former Warden Nancy Gianetto, Correctional Officer Robinson, Correctional Officer J. Grundy, Correctional Officer O. Ford and Correctional Officers John Doe 1-10. All parties are of Philadelphia.
“On Thursday, March 9, 2021, plaintiff was arrested and transferred to Curran-Fromhold Correctional Facility late at night on March 10, 2021. On March 11, 2021, at approximately 1:40 a.m., plaintiff was in the holding cell of intake room waiting to be processed,” the suit says.
“While in the intake room, defendants, Ryans Ford Robinson Grundy Doe No. 1 and Doe No. 2 began physically assaulting plaintiff by punching him in the face and head, slamming him to the ground, where said defendants continued their assault hitting and kicking plaintiff in the face and, thereafter, placed him in a chokehold until he lost consciousness.”
The suit adds that the plaintiff “did not engage in any conduct that warranted the use of any force.”
“As a result of the unwarranted and excessive use of force by defendants Ryans, Ford, Robinson, Grundy, Doe No. 1 and Doe No. 2., plaintiff suffered emotional pain and physical injuries including, but not limited to: Mildly displaced anterosuperior nasal bone fractures; small chip fracture off the nasal spine of the maxilla; closed fracture of the nasal bone; subconjunctival hemorrhage; closed fracture of maxilla; radiculopathy of the cervical region; strain of muscle, fascia and tendon at the neck level; segmental and somatic dysfunction of the pelvic region and pain of right shoulder and strain of muscle, fascia and tendon lower back,” the suit states.
For counts of excessive force violating substantive due process under 42 U.S.C. Section 1983 and the Fourteenth Amendment to the U.S. Constitution, failure to intervene, Monell and conspiracy violating 42 U.S.C. Section 1983, plus state law claims of assault and battery, the plaintiff is seeking damages, jointly and severally, in an amount sufficient to fully and adequately compensate plaintiff and punish and deter the defendants and those similarly-situated, plus interest, costs, attorney’s fees and all other appropriate relief.
The plaintiff is represented by L. Kenneth Chotiner of The Chotiner Firm, in Philadelphia.
The defendants have not yet obtained legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:23-cv-00895
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com