Case 2:13-cv RBS Document 1 Filed 03/19/13 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

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1 Case 2:13-cv RBS Document 1 Filed 03/19/13 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DAVID GARCIA : 7427 Belden Street : Basement Apt. : PHILADELPHIA, PA : PLAINTIFF : : CIVIL ACTION NO: v. : : CITY OF PHILADELPHIA : JURY TRIAL DEMANDED P/O MICHAEL SPICER, 5180 : P/O PERRY BETTS, NO : 1515 ARCH STREET : PHILADELPHIA, PA : DEFENDANTS : COMPLAINT 1. This is an action for money damages brought pursuant to 42 U.S.C and and the Fourth and Fourteenth Amendments to the United States Constitution, and under the common law of the Commonwealth of Pennsylvania, against City of Philadelphia Police Officers in their individual capacities and against the City of Philadelphia. Jurisdiction is based upon 28 U.S.C and 1343, and the aforementioned statutory provision. Plaintiff further invokes the pendent jurisdiction of this Court, provided by 28 U.S.C. 1367, to entertain claims arising under state law. PARTIES 2. Plaintiff DAVID GARCIA, at all times relevant to this Complaint, is and was a resident of the City of Philadelphia and the Commonwealth of Pennsylvania.

2 Case 2:13-cv RBS Document 1 Filed 03/19/13 Page 2 of 8 3. Defendant CITY OF PHILADELPHIA, at all times pertinent to this Complaint, is a municipality of the Commonwealth of Pennsylvania, and owns, operates, manages, directs and controls the Philadelphia Police Department, which employees the below-named police officers. 4. Defendants SPICER AND BETTS, at all times pertinent to this complaint, are and were employed by the Philadelphia Police Department, acting under color of state law, pursuant to official policy, custom or practice of the City of Philadelphia and/or its Police Department. They are being sued in their individual capacities. FACTUAL ALLEGATIONS COMMON TO ALL CAUSES OF ACTION 5. At the time of the incident that is the subject of this Complaint, Plaintiff David Garcia was a 19-year-old male, with no criminal record. 6. On March 22, 2011, Plaintiff was arrested by Defendants Spicer and Betts and charged with possession with intent to distribute a controlled substance. 7. The arrest was based upon alleged observations by Defendants Spicer and Betts who claim that, on March 22, 2011, shortly after 1:45 PM, they observed Plaintiff exit 7906 Loretto Avenue, Philadelphia, PA, approach a vehicle and accept United States currency (USC) from the driver after which Plaintiff appeared to be handing something to the driver from a closed fist, in what looked like a drug sale. 8. According to Defendants Spicer and Betts, at 2:20 PM, Plaintiff was observed conducting a similar transaction with a Margarita Mendez, who was then stopped by Defendants and allegedly found to be in possession of two Percocet pills. 9. According to Defendants Spicer and Betts, Mendez was questioned and allegedly stated that she bought the Percocets from Jose s friend. 10. Mendez was released and was never charged with a crime. 2

3 Case 2:13-cv RBS Document 1 Filed 03/19/13 Page 3 of Based on this alleged information, Defendants returned to 7906 Loretto Avenue, where, at 3:20 PM, Plaintiff and Jose DeJesus entered a gold SUV which drove off with Plaintiff at the wheel and DeJesus in the passenger seat. 12. Defendants Spicer and Betts stopped the vehicle, arrested Plaintiff who was searched in the middle of the street and made to pull down his jeans. 13. Defendant Spicer seized approximately $980 from Plaintiff, only $881 of which was put on a property receipt. 14. According to Defendants Spicer and Betts, DeJesus had a bag of marijuana on his lap, and there new and unused packets in the side panel of the SUV. 15. Defendants Spicer and Betts then drove Garcia and DeJesus back to 7906 Loretto Avenue, entered the property without a warrant, and discovered that there was a safe inside. 16. Defendants then obtained a search warrant and ultimately recovered from the safe 56 grams of marijuana and four Xanax pills, a digital scale and new and unused packets; no Percocets were discovered. 17. Plaintiff did not engage in any of the activity alleged by Defendants Spicer and Betts, and specifically did not sell any Percocets to Mendez. 18. As a result of the false allegations by Defendants Spicer and Betts, Plaintiff was arrested and charged with possession with intent to distribute a controlled substance, to wit: Percocets. 19. Following his arrest, bail was set in an amount of $2, which was posted after Plaintiff spent approximately 24 hours incarcerated. 20. On September 12, 2011, there was a hearing on a motion to suppress physical evidence at which Defendant Spicer testified, and based upon his testimony the Court denied the motion. 3

4 Case 2:13-cv RBS Document 1 Filed 03/19/13 Page 4 of On November 7, 2011, fearful that the result could be worse, Plaintiff agreed to a negotiated stipulated trial, was found guilty of the charges and was sentenced to 18 months probation. 22. On December 3, 2012, the Philadelphia District Attorney R. Seth Williams sent a letter to Philadelphia Police Commissioner Ramsey indicating that the District Attorney s Office would no longer use certain Philadelphia narcotics officers, including Defendants Spicer and Betts, as witnesses, or accept charges or approve search warrants in cases in which these officers were involved. 23. Based upon this after-discovered evidence, Plaintiff, by his trial counsel, filed a motion under the Post Conviction Relief Act (PCRA), seeking to have his guilty plea vacated. 24. The PCRA motion is pending.. COUNT I FEDERAL CAUSE OF ACTION: 42 U.S.C PLAINTIFF V. DEFENDANTS SPICER AND BETTS 25. Plaintiff hereby incorporates the preceding paragraphs of this Complaint, as set forth above. 26. As a direct and proximate cause of the actions of Defendants, individually and jointly, Plaintiff suffered the following injury and damages: a. Violation of his constitutional rights under the Fourth and Fourteenth Amendments to the United States Constitution and the laws of the Commonwealth of Pennsylvania; to be free in his person from unreasonable searches and seizures; b. Loss of his physical liberty; c. Loss of property; 4

5 Case 2:13-cv RBS Document 1 Filed 03/19/13 Page 5 of 8 d. Physical pain and suffering and emotional trauma and suffering, some or all of which may be permanent. 27. Plaintiff claims damages under 42 U.S.C. 1983, for the injuries set forth above against Defendants Betts, Hagins and Stubbs for their violation of the clearly established and well-settled federal constitutional rights of Plaintiff. COUNT II FEDERAL CAUSE OF ACTION: 42 U.S.C PLAINTIFF V. DEFENDANT CITY OF PHILADELPHIA 28. Plaintiff hereby incorporates the preceding paragraphs of this Complaint, as set forth above. 29. Defendant City of Philadelphia, as a matter of policy or practice, has, with deliberate indifference to the rights of its citizens, including Plaintiff, failed to: a. adequately hire, discipline, train, supervise and/or otherwise direct its employees, including Defendants in this case, concerning the rights of citizens; b. establish a system which properly identifies, reports and/or investigates instances of improper conduct by its employees, including Defendants in this case; and c. adequately sanction and/or discipline its employees, including Defendants in this case, for violations of the rights of citizens; hereby causing Defendants, in this case, to engage in the unlawful conduct described herein. 30. By these actions, Defendant City of Philadelphia has deprived Plaintiff of his rights secured by the United States Constitution in violation of 42 U.S.C COUNT III STATE CLAIM: FALSE IMPRISONMENT PLAINTIFF V. DEFENDANTS SPICER AND BETTS 5

6 Case 2:13-cv RBS Document 1 Filed 03/19/13 Page 6 of Plaintiff incorporates by reference each and every allegation set forth in the preceding paragraphs as if set forth herein at length. 32. By the conduct set forth above, including causing Plaintiff to be physically restrained, handcuffed, taken into police custody and charged with criminal activity, all without legal justification or cause, Defendants Spicer and Betts, jointly and individually, caused and intended to cause Plaintiff to be confined. 33. As a result of the conduct described above, Plaintiff was in fact arrested and confined without probable cause, and without his consent and against his will. 34. Defendants, jointly and individually, without legal cause or justification, used physical force, threats, and actual or apparent physical barriers to overcome Plaintiff and effect a confinement. 35. As a direct and proximate result of the aforementioned conduct, Plaintiff suffered physical pain and injury; and continues to suffer emotional distress, humiliation, mental pain and anguish. COUNT IV STATE CLAIM: ASSAULT AND BATTERY PLAINTIFF V. DEFENDANTS SPICER AND BETTS 36. Plaintiff incorporates by reference each and every allegation set forth in the preceding paragraphs as if set forth herein at length. 37. By the conduct set forth above, by physically restraining and handcuffing Plaintiff, and confining him, all without legal cause or justification, Defendants Spicer and Betts, jointly and individually, used unreasonable force and caused and intended to cause a harmful and offensive contact with the body of Plaintiff. 6

7 Case 2:13-cv RBS Document 1 Filed 03/19/13 Page 7 of By the conduct set forth above, Defendants, jointly and individually, caused and intended to cause Plaintiff immediate and harmful injury. 39. As a direct and proximate result of the aforementioned conduct, Plaintiff suffered physical injury and pain, and continues to suffer emotional distress, humiliation, mental pain and anguish. COUNT VI DAMAGES 40. Plaintiff hereby incorporates the preceding paragraphs of this Complaint as set forth above. 41. Plaintiff suffered losses including, but not limited to monetary and property loss. 42. The conduct of Defendants Spicer and Betts, individually and jointly, was outrageous, in that it was malicious, wanton, willful, or oppressive, or showed reckless indifference to the interests of Plaintiff, and therefore, warrants the imposition of punitive damages. RELIEF WHEREFORE, Plaintiff David Garcia requests the following relief: a. compensatory damages; b. punitive damages against the individually named defendants; c. reasonable attorney fees and costs under Counts I and II; and d. such other relief as appears reasonable and just. e. Plaintiff s claims are to receive a trial by jury to the extent allowed by applicable law. Plaintiff has also endorsed this demand on the caption of this Complaint in accordance with Federal Rule of Civil Procedure 38(b). 7

8 Case 2:13-cv RBS Document 1 Filed 03/19/13 Page 8 of 8 Respectfully submitted, James, Schwartz & Associates, P.C Walnut Street 21 st Floor Philadelphia, PA (215) Date: March 18, 2013 By: /S/ Jonathan James JJJ6405 JONATHAN J. JAMES, ESQUIRE Attorney I.D. #64534 jjames@civilrightspa.com /S/ Michael Schwartz MCS6449 MICHAEL C. SCHWARTZ Attorney I.D. #39475 mschwartz@civilrightspa.com ATTORNEYS FOR PLAINTIFF 8