PHILADELPHIA – Several government and corrections defendants have been dismissed from litigation which alleged law enforcement officials used excessive force on an incarcerated man.
Leo Hollis first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on March 8, 2023 versus the City of Philadelphia, Commissioner Blanche Carney, Former Warden Nancy Giannetta, Correctional Officer Robinson, Correctional Officer J. Grundy, Correctional Officer Orville 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 said.
“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 added 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 stated.
The defendants proffered an answer to the complaint and new matter on April 26, 2023, where they claimed that the plaintiff had a violent outburst and sufficient force was needed to subdue him.
“The allegations [in Paragraph 18] are untrue or inaccurate. By way of further response, plaintiff was belligerent, uncooperative and verbally threatened prison staff. He also entered an unauthorized area of the intake room whereupon he began to push computers and printers off the desk until prison staff were able to subdue him. Nobody punched or kicked him,” the answer stated.
The defendants also provided a trio of affirmative defenses.
“All the plaintiff’s claims fail to state a claim upon which relief can be granted. At all times relevant to this civil action, answering individual defendants acted in good faith and in accordance with the law as correctional officers, and they are entitled to the defense of qualified immunity. The plaintiff’s state law claims and damages are barred or limited by Pennsylvania’s Political Subdivision Tort Claims Act,” according to those defenses.
On Jan. 23, a stipulation of dismissal was entered for defendant Giannetta, according to Federal Rule of Civil Procedure 41(a)(1)(A).
“It is hereby stipulated and agreed by and between the undersigned counsel that plaintiff voluntarily dismisses, without prejudice, any and all claims asserted against defendant Nancy Giannetta, incorrectly sued as Nancy Giannetto,” the stipulation read.
U.S. District Court for the Eastern District of Pennsylvania Judge Paul S. Diamond approved the stipulation via judicial order on Jan. 24.
UPDATE
Previously, on Jan. 23, defendants City of Philadelphia, Carney and Correctional Officer Ford motioned for summary judgment dismissal from the case, and further, that summary judgment be entered as to defendant Ryans for the Monell claim.
Three weeks later, on Feb. 14, plaintiff counsel filed a letter which replied to this request.
“At this time, after reviewing defendants’ motion and supporting exhibits, as well as the rest of the record developed through the discovery process, plaintiff does not oppose defendants’ request that summary judgment be granted for defendants City of Philadelphia, Blanche Carney and Correctional Officer Ford, and plaintiff further does not oppose defendants’ request that summary judgment be entered as to defendant Sergeant Aisha Ryans for Count III (Monell claim) only,” the letter stated.
The following day, Diamond ordered the motion granted.
“Upon consideration of defendants’ motion for partial summary judgment and plaintiff’s response, it is hereby ordered: 1) Defendants’ motion is granted; 2) Judgment is entered in favor of defendants, the City of Philadelphia, Ford and Commissioner Carney, as to all claims; and 3) Judgment is granted in favor of Sergeant Aisha Ryans, as to Count III,” Diamond said.
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 Jason E. Parris and Taylor M. Brady of Abramson & Denenberg, in Philadelphia.
Defendants Robinson and Grundy are represented by Benjamin T. Jackal of the City of Philadelphia Law Department’s Civil Rights Unit.
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