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PENNSYLVANIA RECORD

Sunday, June 16, 2024

Plaintiff Alleges Philadelphia Police Officers Engaged in Racial Profiling During Unlawful Arrest

Federal Court
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**Philadelphia Police Officers Face Civil Rights Lawsuit Over Alleged Unlawful Arrest and Racial Profiling**

On May 14, 2024, Terrell Walton filed a civil rights complaint in the United States District Court for the Eastern District of Pennsylvania against Officer Joseph McCarthy, three unnamed Philadelphia police officers (John Doe Nos. 1-3), and an unnamed police sergeant (John Doe No. 4). The lawsuit alleges violations of Walton's Fourth and Fourteenth Amendment rights during a vehicle stop on March 1, 2023.

The incident occurred around 10:00 p.m. when Walton was driving his black 2020 Ford Fusion in the Cobbs Creek section of Philadelphia. Officer McCarthy initiated a traffic stop, citing Walton’s failure to use turn signals. Despite Walton providing his driver’s license and proof of insurance, McCarthy insisted on seeing a physical registration document and refused to verify the car's registration through other means. After approximately ten minutes into the stop, Police Sergeant John Doe No. 4 arrived on the scene as a supervisor.

Walton repeatedly asked Officer McCarthy to run his information to confirm the car's registration but was met with refusal. Instead, McCarthy escalated the situation by opening Walton’s car door under the pretext of a safety issue and eventually handcuffed him on suspicion of driving under the influence (DUI). Backup officers John Doe Nos. 1-3 arrived during this time but did not intervene.

Walton was transported to police headquarters where he underwent a blood draw overseen by Officer Jeffrey Middleton from the Crash Investigation Division. The results showed no significant concentrations of alcohol or controlled substances in Walton’s system. Despite this, Walton remained in custody until March 3, 2023.

A suppression hearing held on September 7, 2023, concluded there was no probable cause for Walton’s arrest or evidence supporting impairment allegations. Consequently, all charges were withdrawn on November 6, 2023.

The complaint highlights systemic racial disparities in Philadelphia policing practices, citing that Black individuals are disproportionately subjected to vehicle stops and DUI charges compared to their white counterparts. The plaintiff asserts that these practices amount to racial profiling and selective enforcement.

Walton seeks compensatory damages for emotional distress, lost wages, healthcare expenses, legal costs, punitive damages against individual defendants for willful misconduct and deliberate indifference to his constitutional rights. He also requests declaratory relief from the court affirming that his rights were violated.

Attorney Richard M. Wiener represents Terrell Walton in this case filed under Case ID: 2:24-cv-02049-KBH before Judge Karen B. Henderson.

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