PHILADELPHIA - The City of Philadelphia wants to fight a lawsuit alleging cops recklessly chased two vehicles in a densely populated neighborhood, leading to the death of a teenager, in federal court.
On April 8, the City removed the case over the death of Zyaire Floyd to federal court, about a month after attorneys at Levin & Zeiger filed the case in the Court of Common Pleas. The suit seeks more than $1 million and includes counts for civil rights violations, leading Philadelphia to try to transfer the case to federal court.
"Chief Bethel and Captain Kimrey negligently and with deliberate indifference created a dangerous situation, thereby directly causing the decedent's death, which is a violation of his rights under the laws under the Constitution of the United States of America, specifically the Due Process Clause of the 14th Amendment..." the complaint says.
Chief of Police Kevin Bethel, Capt. James Kimrey and officers Jeremy Elliot and Timothy Esack are co-defendants with the City. The officers were in a high-speed chase of another man driving a silver Hyundai suspected to be stolen on July 10, 2023, on Hill Road.
Floyd was a passenger in the Hyundai. The officers then encountered a silver Kia they also believed to be stolen and started chasing both.
The Hyundai crashed, and Floyd exited the car. The Kia then also crashed near the Hyundai and killed Floyd.
"Defendants Elliot and Esack willfully violated applicable Philadelphia police department regulations regarding high-speed chases and/or vehicle pursuits," the suit says. "Defendants Elliot and Esack used deadly force on the pursued vehicle."
The suit says the officers were driving more than 55 mph in a 25-mph zone and did not activate their lights, sirens or horn until the end of the chase.
"Mr. Floyd was an innocent bystander," the suit says.
Floyd was only 17 years old when he died, two weeks shy of his 18th birthday. The suit alleges Philadelphia failed to have an adequate policy in place for car chases and that it failed to train and supervise officers.
The Philadelphia Police Department declined comment.
The lawsuit also makes a Monell claim that the "decisionmakers" in Philadelphia "made, enforced or turned a blind eye to the defective policies, procedures and customs." The City should have known that its handling of car chases was likely to cause injuries, it says.
"By failing to take action to stop or limit the policy and/or custom and/or practice and by remaining deliberately indifferent to the systematic abuse that occurred in accordance with and as a direct and proximate result of the policy, Defendant City of Philadelphia condoned, acquiesced in, participated in, and perpetrated the policy in violation of the plaintiff's decedent's rights under the Fourth and Fourteenth Amendments to the Constitution of the United States, the laws of the United States, and the laws of the Commonwealth of Pennsylvania," the lawsuit says.
Laura Zipin and Brian Zeiger represent the plaintiff, Landaya Floyd.