PHILADELPHIA – A Franklin Mills liquor store owner who alleged a City of Philadelphia police officer used excessive force and illegally detained him has lost his case at trial.
Michael Capobianco first filed suit on July 19, 2022 in the U.S. District Court of Eastern District of Pennsylvania against Philadelphia Police Officer Winckler of the 8th Police District.
Capobianco, a liquor restaurant and bar license holder, alleged in his complaint that he had parked his vehicle in front of his designated store in Franklin Mills on Feb. 5, 2022. He claimed 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 alleged 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 alleged that when he asked Winckler for his name and to speak to his supervisor, the officer refused.
Capobianco claimed 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 alleged Winckler’s actions violated his Fourth Amendment rights by physically seizing him, not allowing him to leave and for using excessive force.
Capobianco sought monetary relief, trial by jury and all other just relief.
UPDATE
In a Sept. 19, 2022 answer to the complaint, Winckler denied Capobianco’s claims in their entirety as conclusions of law to which no official response was required, and further provided new matter in his own defense.
“Plaintiff has failed to state a claim upon which relief can be granted. Plaintiff’s claims are barred by the doctrine of qualified immunity. Plaintiff’s own negligence and/or wrongful conduct caused, or contributed to, his alleged injuries, sufferings, and/or damages,” according to Winckler’s new matter.
After a two-day trial earlier this week, a jury found in favor of the defendant, Winckler.
U.S. District Court for the Eastern District of Pennsylvania Judge John R. Padova likewise granted judgment in the defendant’s favor, on July 25.
“In accordance with the jury’s verdict, it is ordered that judgment is entered in favor of defendant Officer Winckler and against plaintiff Michael Capobianco in the above-captioned case,” Padova stated.
The plaintiff was represented by Israel A. Schwartz and Stephen O’Hanlon of The O’Hanlon Law Firm, in Philadelphia.
The defendant was represented by Adam Ross Zurbriggen and Daniel Cerone of the City of Philadelphia’s Law Department.
U.S. District Court for the Eastern District of Pennsylvania case 2:22-cv-02814
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com