On May 21, 2024, Jahmaige Womack filed a civil rights complaint in the United States District Court for the Eastern District of Pennsylvania against Officer Bassam Farid, Officer Mullarkey, and the City of Chester. The complaint alleges violations of the Fourth Amendment, false arrest, false detention, failure to investigate, malicious prosecution, and intentional infliction of emotional distress.
The plaintiff, Jahmaige Womack, represented by attorney Joseph S. Oxman from Oxman Goodstadt Kuritz law firm based in Philadelphia, PA, asserts that on May 24, 2022, he was wrongfully detained and arrested by Officers Farid and Mullarkey while walking down Parker Street in Chester. According to the complaint, another police vehicle arrived at the scene with an alleged victim named John Jackson who purportedly identified Womack as a suspect in a robbery. This identification led to Womack's immediate arrest.
However, during a preliminary hearing on July 20, 2022, before Judge Diane Holefelder of the Court of Common Pleas, John Jackson testified under oath that he never identified Womack as being involved in the robbery. Despite this exculpatory evidence coming to light during the hearing, Womack remained incarcerated for 42 days at Delaware County Jail. He missed his father's funeral during this period and had to pay $3,000 for bail and $2,000 for legal representation by criminal defense attorney Enriques Latoison.
The complaint details how Officers Farid and Mullarkey allegedly falsified their affidavit of probable cause which claimed that Jackson had identified Womack as part of the robbery. The charges against Womack were eventually dismissed on July 20th after it was revealed that there was no probable cause for his arrest.
Womack's lawsuit claims that his constitutional rights were violated due to unlawful arrest and malicious prosecution under Section 1983 of the Civil Rights Act. The suit also includes counts for failure to investigate properly by Officers Farid and Mullarkey who allegedly ignored exculpatory evidence readily available to them.
Additionally, Womack is suing the City of Chester for failing to train or discipline its officers adequately. The complaint alleges that this lack of oversight contributed directly to his wrongful arrest and subsequent emotional distress. According to the lawsuit: "Defendant City of Chester failed as a matter of policy and practice to discipline or otherwise sanction defendants Farid and Mullarkey who have violated citizens' rights."
Womack seeks compensatory damages for physical pain and suffering endured both past and future along with severe mental anguish resulting from his wrongful incarceration. He also demands punitive damages against Officers Farid and Mullarkey individually along with attorney fees under 42 U.S.C §1988(b).
The case has been assigned Civil Action No. 2:24-cv-02174-TJS with District Judge Timothy J. Savage presiding over it.