PHILADELPHIA - A Philadelphia man is suing the city for the years he spent in jail for a crime he was ultimately found not guilty of.
The City of Philadelphia on Aug. 1 filed a notice of removal to transfer the civil rights lawsuit initiated by Thomas Holmes from the Philadelphia Court of Common Pleas to the United States District Court for the Eastern District of Pennsylvania.
Holmes, represented by attorney Brian Zeiger of Levin & Zieger, alleges violations under 42 U.S.C. § 1983, claiming wrongful detention and arrest by police officers, including Michael Spicer and an unidentified officer.
Holmes' saga begins in April 2016, when he was arrested for conspiracy, carjacking and gun possession. He says Spicer gave "a bogus statement related to the criminal incident," plus a "bogus identification."
Spicer also allegedly convinced the victim to identify Holmes as part of the criminal enterprise.
"Further, a firearm was recovered in the matter that was intentionally never submitted for fingerprints or DNA analysis because Defendant Spicer knew Plaintiff's fingerprints and DNA would not come back on the firearm," the suit says.
Holmes spent years in jail until his criminal conviction was overturned in January 2023. He says the City has known about Spicer's "illicit activities" but has done nothing to remove him as a police officer.
Holmes seeks compensatory and punitive damages exceeding $150,000 for alleged constitutional rights violations.