PHILADELPHIA – The City of Philadelphia has denied maliciously prosecuting a local man on drug possession charges despite police officers knowing he was innocent, leading those charges to later be dismissed by the District Attorney’s Office.
Ronnie Lister first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on April 26 versus the City of Philadelphia, Officer Reginald Graham and John Doe Police Officers 1-4.
“On Dec. 13, 2021, Ronnie Lister was in the area of the 2300 block of South Bouvier Street in Philadelphia. There were no drugs or contraband in his possession. On that date at about 2 p.m., the defendant officers, without cause or justification, arrested Mr. Lister on criminal charges alleging the delivery of controlled substances and related offenses,” the suit stated.
“The defendant officers provided false, misleading and incomplete information to other Philadelphia police officers and officials, and to the Philadelphia District Attorney’s Office, in an effort to justify the arrest of Mr. Lister. The arrest of Mr. Lister was without probable cause. As a direct result of the actions and conduct of the defendant officers, and without cause or justification, Mr. Lister was arrested and charged with possession with intent to deliver a controlled substance and related offenses.”
The suit continued that Lister appeared for his arraignment and was held in lieu of $5,000 bail. As Lister was unable to post bail, he was sent to the county jail.
According to the suit, Mr. Lister was “arrested, charged and remanded into custody because the defendant officers willfully manufactured evidence, provided false and misleading information and testimony, and ignored or concealed available exculpatory evidence, all of which negated and tainted any finding of probable cause to believe that Mr. Lister had committed a crime.”
“As a result of the actions and conduct of the defendant officers, Lister was held in custody for several days, was placed on probation for three years and lost multiple employment opportunities, for a crime that he did not commit and that the defendant officers knew he did not commit. Defendant Graham also testified falsely at Mr. Lister’s preliminary hearing on March 7, 2022 that Mr. Lister received money from an individual named Gerald Berry on Dec. 13, 2021. On Aug. 12, 2022, all charges brought against Mr. Lister were nolle prossed on motion of the District Attorney of Philadelphia County, based on a finding that the defendant officers’ account of the circumstances surrounding Mr. Lister’s arrest were not credible. At no time did Mr. Lister engage in any actions or conduct that justified his arrest, detention and prosecution,” the suit said.
“The unlawful arrest, detention and prosecution in this case were caused by the City’s failure to properly train, supervise and discipline police officers, particularly officers who have engaged in repeated misconduct that has caused constitutional violations. Defendant officers acted willfully, deliberately, maliciously or with reckless disregard of the plaintiff’s constitutional and statutory rights. As a direct and proximate result of the actions of all defendants, the plaintiff suffered severe psychological harms, prolonged incarceration, pain and suffering, damage to reputation, some or all of which may be permanent, as well as loss of employment and other financial losses. All defendants engaged in the above conduct by subjecting plaintiff to unlawful prosecution.”
UPDATE
In a May 20 answer to the suit, the City denied all of the suit’s charges as conclusions of law to which no official response was required, and provided seven affirmative defenses on its own behalf.
“Plaintiff has failed to state a claim against the City upon which relief can be granted. The City asserts all of the defenses, immunities, and limitations of damages available to them under the Political Subdivision Tort Claims Act and aver that plaintiff’s remedies are limited exclusively thereto. The alleged damages are not attributable to the City’s conduct. The plaintiff’s claims are barred, in whole or in part, insofar as answering defendant’s purported actions or omissions were not the proximate cause of any alleged injury, loss or damage incurred by the plaintiff,” the defenses stated.
“To the extent plaintiff was criminally charged with crimes and/or offenses in connection with the incident described in the complaint, plaintiff was and is guilty of such crimes and/or offenses and the City intends to prove his guilt by a preponderance of the evidence at the trial of this matter. Punitive damages are barred as against a municipal defendant, the City. Plaintiff’s claims are barred to the extent that he fails to identify the constitutional right allegedly violated by a policy, practice or custom as required by Monell v. Department of Social Services.”
For counts of federal civil rights violations and state-law malicious prosecution, the plaintiff is seeking compensatory damages as to all defendants, punitive damages as to the individual defendants, reasonable attorney’s fees and costs as to all defendants and such other declaratory and further relief as appears reasonable and just.
The plaintiff is represented by Noah S. Cohen of Weir Greenblatt Pierce, in Philadelphia.
Defendant City of Philadelphia is represented by Desjenee Davis of the City of Philadelphia Law Department.
U.S. District Court for the Eastern District of Pennsylvania case 2:24-cv-01784
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com