PHILADELPHIA – A South Carolina man alleges he was physically assaulted by Philadelphia SWAT team police officers, who came to his then-local residence looking to execute an arrest warrant on his son, who the suit says was already in correctional custody elsewhere.
John Brown of Yemassee, S.C. filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Oct. 30 versus the City of Philadelphia, Sergeant Tamika Allen - Badge 8710, Police Officer Jahbria Geddy - Badge 1936, Police Officer Edward Berthesi - Badge 2090, Police Officer Michael Goode - Badge 2573, Deputy Sheriff Edwin Barreto and SWAT Team Officers John/Jane Doe 1–10 all of Philadelphia.
“On or about Thursday, Nov. 4, 2021, approximately between 4 a.m. and 7 a.m., plaintiff perceived what appeared to be a SWAT team outside his residence. At the time, plaintiff lived at 434 South 55th Street, Second Floor, in Philadelphia, Pennsylvania. His niece, Tykeesha, and her children lived in the first-floor unit of the property. 434 South 55th Street is a two-story rowhome converted into two units,” the suit says.
“At the above date, time, and location, defendants Allen, Geddy, Berthesi, Goode, Barreto and Doe 1-10 were at 434 South 55th Street to execute an arrest warrant for Elijah Brown, who is plaintiff’s son. At the above date and time, defendants Allen, Geddy, Berthesi, Goode, Barreto and Doe 1-10 did not have a valid search warrant to search plaintiff’s home for Elijah Brown. At the above date and time, Elijah Brown had been incarcerated at George W. Hill Correctional Facility, the county prison of Delaware County, Pennsylvania, for approximately two months and was still being held there.”
The suit adds the officers, despite having the technological resources to do so, did not “run a custody check for Elijah Brown or otherwise verify that he was not already in government custody before attempting to execute the arrest warrant”, and then entered the home regardless.
“Plaintiff heard Tykeesha’s children screaming from his apartment on the second floor. Defendants Allen, Geddy, Berthesi, Goode, Barreto and/or Doe 1-10 proceeded up to plaintiff’s door. Defendants Allen, Geddy, Berthesi, Goode, Barreto and/or Doe 1-10 did not knock and announce themselves and demanded plaintiff open his door. Defendants Allen, Geddy, Berthesi, Goode, Barreto and/or Doe 1-10 entered plaintiff’s home and pointed their guns at him,” the suit states.
“While in his home, defendants Allen, Geddy, Berthesi, Goode, Barreto and/or Doe 1-10 searched plaintiff’s home while repeatedly asking plaintiff about his son’s whereabouts. Plaintiff informed defendants Allen, Geddy, Berthesi, Goode, Barreto, and/or Doe 1-10 that his son was not in his home but was incarcerated at George W. Hill Correctional Facility and had been for the past two months. Plaintiff started to pick up his phone to photograph the above-described violation of his constitutional rights when one defendant, whom plaintiff believes was female, aggressively and violently grabbed him from behind. The above caused plaintiff to pass out, requiring paramedics to be called to assess plaintiff.”
Despite being peaceful and cooperative, the plaintiff says as a result of the events in question, he suffered cervical radiculitis, cervical sprain/strain, thoracic sprain/strain, lumbar sprain/strain, left shoulder/arm sprain/strain, myospasm of the back, post traumatic headache, a concussion with loss of consciousness, joint arthritis, a rotator cuff tear and nerve damage to two discs in his spinal column.
For counts of violating the Fourth and Fourteenth Amendments to the U.S. Constitution through illegal entry, illegal search and illegal seizure, violating 42 U.S.C. Section 1983 through excessive force, failure to intervene, supervisory liability, conspiracy, Monell and state-law assault and battery, the plaintiff is seeking damages, jointly and/or severally, in an amount sufficient to fully and adequately compensate plaintiff, punish defendants and deter Defendants and others similarly situated to defendants, plus interest, costs, attorney’s fees and all other appropriate relief
The plaintiff is represented by Jason E. Parris of Abramson & Denenberg, in Philadelphia.
The defendants have not yet obtained legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:23-cv-04181
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com