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PENNSYLVANIA RECORD

Monday, May 20, 2024

After restaurant altercation, woman says Lancaster's arresting officers violated her rights

Lawsuits
Alanedenenberg

Denenberg | Abramson & Denenberg

ALLENTOWN – A woman contends that her civil rights were violated when Lancaster police officers arrested and took her into custody, subsequent to her having had a verbal altercation with a patron at a local restaurant.

Cyrena Brock filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Aug. 18 versus the City of Lancaster, Sergeants/Lieutenants John Doe 1-10 and Police Officers John Doe 1-10.

“On Aug. 20, 2021, plaintiff Cyrena Brock was a patron of Yorgos Restaurant and Lounge located at 66 North Queen Street, Lancaster, PA 17603. At the above date, time, and location, plaintiff got into a verbal altercation with a female patron of Yorgos Restaurant and Lounge because the patron made fun of plaintiff’s necklace that honors her late father. Sometime after the argument, plaintiff decided to go outside to have a cigarette. While outside, plaintiff spoke with the owner of the bar and the owner’s son, both of whom agreed plaintiff was not to blame for the verbal altercation. The owner invited plaintiff to re-enter the restaurant and lounge,” the suit says.

“The patron with whom plaintiff had the prior verbal altercation was also allowed to re-enter the restaurant and lounge. Shortly after, another altercation between plaintiff and said female ensued. The City of Lancaster Bureau of Police, including defendants Police Officers John Doe 1-10 and/or defendants Sergeants/Lieutenants John Doe 1-10, were called to the premises. When the male officers included within defendants Police Officers John Doe 1-10 and/or defendants Sergeants/Lieutenants John Doe 1-10 attempted to frisk plaintiff, she requested a female officer conduct the frisk. She was not comfortable with being frisked by a male officer because of childhood trauma.”

The suit adds the plaintiff’s request for a female officer was refused and the police officer defendants then arrested the plaintiff, taking her to the City of Lancaster Bureau of Police precinct.

“Plaintiff was the only person arrested that evening. At the precinct, several male police officers, including defendants Police Officers John Doe 1-10 and/or defendants Sergeants/Lieutenants John Doe 1-10, held plaintiff while a female removed her shoes and frisked her. During this encounter, defendant Police Officers John Doe 1-10 and/or defendants Sergeants/Lieutenants John Doe 1-10 pushed plaintiff over onto a metal bunk, causing plaintiff to injure her face and nose, resulting in serious injuries, including hearing loss. The following morning, the female police officer apologized to plaintiff and took photographs of her injuries,” the suit states.

“As a direct and proximate result of the above, plaintiff suffered serious personal injuries and/or aggravations thereto, some or all of which may be permanent in nature, including but not limited to: a) Tiny avulsion fracture near the tip of the nasal bone; b) Mucosal thickening in bilateral ethmoid air cells with leftward deviation of the nasal septum and edema involving the left nasal turbinates, tiny air-fluid level in the posterior aspect of the left maxillary sinus; c) Closed fracture of the nasal bone; d) DNS (deviated nasal septum); e) Tinnitus of both ears; f) Sensorineural hearing loss (SNHL) of both ears; g) Epistaxis and h) Hypertrophy of nasal turbinates.”

The suit continues that the plaintiff suffered medical treatment damages totaling $6,681.

For counts of excessive force, bystander liability, conspiracy, supervisory liability, a Monell violation and assault and battery, the plaintiff is seeking, individually, jointly and/or severally, compensatory damages for the violation of her Fourth Amendment rights and the injuries she suffered, plus interest, costs, attorney’s fees, delay damages and any other relief deemed appropriate by the Court.

The plaintiff is represented by Alan E. Denenberg of Abramson & Denenberg, in Philadelphia.

The defendants have not yet obtained legal counsel.

U.S. District Court for the Eastern District of Pennsylvania case 5:23-cv-03202

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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