Javine Barratt has filed a civil action against Philadelphia police officers Raheen Hall, Rasheen Knox, and Malik Liverpool, alleging unlawful search and seizure, use of excessive force, and malicious prosecution. The complaint was filed on May 31, 2024, in the United States District Court for the Eastern District of Pennsylvania.
According to the complaint, Mr. Barratt was detained and arrested on June 2, 2022. He alleges that while walking on North 5th Street in Philadelphia, Officer Knox observed him carrying a knapsack and suspected it contained a gun because it appeared heavy. Without any further evidence or reasonable suspicion of unlawful activity, Officer Knox decided to stop and question Mr. Barratt. Officers Hall and Liverpool joined Knox in surrounding Mr. Barratt aggressively on the sidewalk.
Mr. Barratt claims he ran away from the officers out of fear but was pursued by all three officers. During the pursuit, Officer Hall allegedly fired his Taser at Mr. Barratt's lower abdomen while Officer Liverpool tackled him to the ground violently. Following this altercation, Mr. Barratt was handcuffed and searched by Officer Liverpool who reportedly found a firearm and marijuana in his possession.
The charges against Mr. Barratt included three firearm offenses (18 Pa.C.S § 6105(a)(1), 18 Pa.C.S § 6106(a)(1), and 18 Pa.C.S § 6108) and two drug offenses (35 Pa.C.S § 780-113(a)(16) and 35 Pa.C.S § 780-113(a)(30)). These charges were withdrawn multiple times before being finally dismissed by nolle prosequi order on May 24, 2023.
Mr. Barratt contends that his detention was not supported by reasonable suspicion nor probable cause and that his arrest was based on unlawfully obtained evidence following an illegal stop. He claims he suffered physical injuries requiring medical attention such as Taser barb injuries to his lower abdomen causing numbness in extremities, urination problems, a closed head injury, back injuries along with emotional distress including pain, suffering, fear, anxiety embarrassment humiliation post-traumatic stress which may be permanent.
In addition to federal claims under 42 U.S.C §1983 for violations of Fourth Amendment rights including unlawful search seizure unreasonable use force malicious prosecution Mr.Barratt also brings state law claims for assault battery false arrest imprisonment negligent infliction emotional distress willful misconduct seeking compensatory punitive damages attorney fees costs court declaration acts omissions violated constitutional rights other relief deemed just reasonable
Representing Javine Barratt is Richard M Wiener Esquire Law Offices Conshohocken PA Case presided Judge JP Case ID:2:24-cv-02348-JP