SCRANTON – A Lackawanna County man alleges that subsequent to an altercation outside of a local pub, the establishment’s bouncers assaulted him, handcuffed him and maced him at close range.
Kevin Cabrera of Dallas, Pa. filed suit in the Lackawanna County Court of Common Pleas on April 16 versus Railyard Restaurant & Bar, Cody McPhillips, Jason Kizer, Rashawn Plunkett and Robert Woolaver, all of Scranton.
“Plaintiff Kevin Cabrera decided to stop at Railyard Restaurant and Bar as a business invitee on Oct. 23, 2022. As plaintiff Kevin Cabrera was walking with his wife, Melissa Cabrera, as well as with another individual, Karmil Dazulume, to his friend’s Ashley Levandoski’s vehicle, an unknown individual was urinating on their vehicle, which was a 2010 Black Land Rover. After exiting the vehicle to get the individual to stop what he was doing, the unknown individual started a physical altercation and they fled the scene,” the suit says.
“During the time of the altercation, plaintiff Kevin Cabrera, as well as other individuals, were pepper sprayed during the incident by one of the defendants. Subsequent to the altercation and being pepper sprayed, plaintiff Kevin Cabrera, was handcuffed by defendant Robert Woolaver, despite the fact that plaintiff was a victim and had done nothing wrong during the altercation. Plaintiff Kevin Cabrera was physically assaulted by defendants, with two of them holding his arms while another one held him in a headlock while another was pulling his leg as plaintiff was trying to explain he was simply trying to break up a fight. Throughout the altercation, the defendants kept yelling ‘You are under arrest’, ‘Down on your knees’, and ‘Hands up.”
The suit adds that as the plaintiff, “who was clearly a victim at this time, did not adhere to their aggressive behavior and demands, the defendants became more agitated and began wrenching on his head and neck, while plaintiff pleaded with them to stop explaining that he recently had a back surgery.”
“As the defendants continued their aggressive behavior, they replied to plaintiff, ‘We don’t give a f—k, break that n—’s arms’ and ‘Beat that n—’s a—.’ As the defendants were not able to force plaintiff to the ground, three of them held him while a fourth maced him in the left eye at very close proximity, and slammed him to the ground while putting their knees in his back and neck while handcuffing him. They struck him in his back while on the ground. It wasn’t until Scranton Police arrived that Sergeant Lindsay ordered defendants to remove the handcuffs,” the suit states.
“At the aforesaid time and place, Railyard Restaurant & Bar, its agents, servants and/or employees assaulted and injured the plaintiff, Kevin Cabrera. At all times relevant hereto, Railyard Restaurant & Bar knew and/or had knowledge that they had hired bartenders, bouncers, agents and/or servants. As a result of the negligence, carelessness and recklessness of the defendant Railyard Restaurant & Bar, its agents, servants and/or employees, as aforesaid, the plaintiff Kevin Cabrera was caused to suffer serious physical injuries, impairment, including, but not limited to, injuries severely aggravating his lower back, complications due to being maced in the left eye, embarrassment and humiliation.”
For multiple counts of negligence and punitive damages, the plaintiff is seeking total damages in excess of $50,000 and in excess of the prevailing arbitration limits, exclusive of pre- and post-judgment interest, plus costs.
The plaintiff is represented by Christopher A. Piazza of Piazza Law Group, in Dickson City.
The defendants have not yet retained legal counsel.
Lackawanna County Court of Common Pleas case 2024-CV-02703
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com