SILVERS, LANGSAM 8: WEITZMAN, PIC. By: Michael c. Gallagher, Esquire Identification No.: 83474 Two Penn Center Plaza, Suite 1410 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Phone No, (215) 227-2727 by and through his Mother and Natural Guardian, MELINDA CLARK 1739 N, 16m Street Philadelphia, PA 19121 vs, OFFICER 1801 N. 11'" Street Philadelphia, PA 19122 and OFFICER SHERMAN 1801 N. 11'" Street Philadelphia, PA 19122 and OFFICER CHUGTAI 1801 N. 11'h Sueel Philadelphia, PA 19122 and OFFICER DECOATSWORTH 1801 N. 11'" Street Philadelphia, PA 19122 and TEMPLE UNIVERSITY 1801 N. 11" Street Philadelphia, PA 19122 m. JURY TRIAL DEMANDED Filed 'm A'siiszad'by cm: onch :16 Will Esozds ATTORNEY FOR PLAINTIEI 3&3 a Hug." a an}; . 0 '4 '0 COURT OF COMJVION PLEAS PHILADELPHIA COUNTY FEBRUARY TERM, 2018 N01 COMPLAINT -- CIVIL ACTION ZB - ASSAULT AND BATTERY Case ID: 180201196 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and ?ling in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail'to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Philadelphia Bar Association Lawyer Referral and Information Service One Reading Center Philadelphia, PA 19107 {215) 238-6333 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaz'; al partir de la fecha de la demanda la noti?ca'cion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado entregar a la corte en forma escrita sus defensas sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no so dc?cndc, 1a corte tomara medidas puede continuar 1a demanda en .?cntra suya sin previo aviso noti?cacion. Ademas, [la corte puede decidir a favor del demandante requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero sus propiedades otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Asociaci?n de Licenciados de Filadel?a Servicio de Referencia Informacion Legal One Reading Center Filadelfia, 19107 7 215) 238-6333 Case ID: 180201196 SILVERS, LANGSAM K: RC. By: Michael c. Gallagher, Esquire Identification No.: 83474 Two Penn Center Plaza, Suite 1410 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 2272727 magi 7 I115 lather and Natural Guardian, MELTNDA CLARK 1739 N. 16'" Street Philadelphia, PA 19121 vs. OFFICER LANETTI 11'" Street Philadelphia, PA 19122 and OFFICER SHERMAN 1801 N. 11m Street Philadelphia, PA 19122 and OFFICER CIIUGTAI 1801 N. 11"' Street Philadelphia, PA 19122 and OFFICER DECOATSWORTH 1801 N. 11'" Street Philadelphia, PA 19122 and TEMPLE UNIVERSITY 1501 N. 11'" Street Philadelphia, PA 19122 JURY TRIAL DEMANDED ATTORNEY FOR PLAINTIFF i COURT OF PLEAS PHILADELPHIA COUNTY FEBRUARY TERM, 2018 3 NO. COMPLAINT CIVIL ACTION ZB - ASSAULT AND BATTERY Case ID: 1802 1196 1. Plaintiff,-- (hereinafter "Plaint1'ff") is a minor and this action is lacing brought through his mother and natural guardian, Melinda Clark, both of whom reside at_iom Street, Philadelphia, 19121: 2. Defendant, Temple University Police Officer Lanetti, Badge No. 2291, (hereinafter "Defendant Lanetti"), is upon information and belief, an adult individual and who was, at all times material relevant hereto, a police officer and/or law enforcement officer employed by Defendant Temple University with a business address in care of Temple University at 180] North broad Street, Philadelphia, 19121. As such, Defendant Lanetti was at all times relevant hereto an employee, workman, servant and/or agent of Defendant Temple University. 3' Defendant, Temple University Police Officer Sherman, Badge No. 2272, (hereinafter "Defendant Sherman"), is upon information and belief, an adult individual and who was, at all times material relevant hereto, a police officer and/or law enforcement officer employed by Defendant Temple University with a business address in care of Temple University at 1301 North Broad Street, Philadelphia, 19121, As such, Defendant Sherman was at all times relevanthereto an employee, workman, servant and/or agent of Defendant Temple University 4. Defendant, Temple University Police officer Cl'iuglal, Badge No 2299, (hereinafter "Defendant Chugtal"), is upon information and belief, an adult individual and who was, at all times material relevant hereto, a police officer and/or law enforcement officer employed by Defendant Temple University with a business address in (me of Temple University at 1801 North Bload Street, Philadelphia, Case ID: 18()2( 1196 19121. As such, Defendant Chugtai was at all times relevant hereto an employee, workman, servant and/or agent of Defendant Temple University. 5. Defendant, Temple University Police Officer Decoatsworth, Badge No. 2285, (hereinafter ?Defendant Decoatsworth?) is upon information and belief, an adult individual and who was, at all times material relevant hereto, a police officer and/or law enforcement officer employed by Defendant Temple University with a business address in care of Temple University at 1801 North Broad Street, Philadelphia, 9121. As such, Defendant Decoatsworth was at all times relevant hereto an employee, workman, servant and/or agent of Defendant Temple University. 6. On or about April 16, 2016, at approximately 8:30 Plaintiff and his younger brother were at the Pearl Theatre located at 1600 North Broad Street, Philadelphia, 19121 intending to see a movie. 7. Plaintiff and his younger brother were lawfully on the premises. 8. Plaintiff went into the game room that was within the Pearl Theater to look for his younger brother and others when Defendant Lanetti, and/ or other officers on site, in an aggressive manner, using aggressive words, shouted that Plaintiff as well as others had to leave the game room. 9. Plaintiff went outside to wait for his younger brother and friends. The young people who were in the game room gathered outside and started stating verbally that they felt they were being wrongfully removed from the Theater. 10. Defendant Lanet? specifically, and other Temple Officers announced aggressively, that if the crowd of young people did not disperse, they would be arrested. Case ID: 180201196 11. As a result of Defendant Lanetti?s pronouncement, a group of people ran West on Oxford Street, but Plaintiff stayed because he had yet to find his younger brother. 12. As Defendants Lanetti, Sherman, Chugtai and/or Decoatsworth (hereinafter ?Defendant Officers?) approached Plaintiff, he explained to one or more of the officers that he was looking for his younger brother and could not leave the premises until he found him. 13. At that time, Defendant Officers rorcefully assaulte Plaintiff by, among other things, twisting and pulling Plaintiff?s left arm behind his back and throwing him to the ground causing him to sustain serious and permanent injuries. 14. Immediately following the physical takedown, Plaintiff felt pain in his left arm. 15. Plaintiff notified Defendants that he was in need of medical attention. 16. Plaintiff was escorted to Temple University Hospital where he was diagnosed with neck and back injuries as well as a left elbow fracture. The fracture resulted in Plaintiff having to undergo open reduction surgery with the placement of pins. 17. Plaintiff was charged with Disorderly Conduct as a result of this incident, which is a summary offense to which the matter was resolved without a trial. COUNT I - FALSE ARREST PLAINTIFF v. DEFENDANTS SHERMAN. CHUGTAI AND DECOATSWORTH 18. The preceding paragraphs of Plaintiff?s Complaint are incorporated by reference as though fully set forth herein at length. Case ID: 180201196 19. Defendants, Lanetti, Sherman, chugtai and/or Decoatsworth, without probable cause or reasonable suspicion to believe that Plaintiff had committed a erirne, or was about to commit any crime, forcefully detained Plaintiff's freedom of movement. 20. Defendants actions in committing a false arrest of Plaintiff were done recklessly, wantonly, and/or intentionally, and were outrageous. 21. As a direm and proximate result of the false imprisonment, Plaintiff sustained severe and permanent injuries as described more fully above, as well as other injuries, the extent and nature at which are as yet not fully determined In addihon, Plaintiff sustained post-incident traumatic anxiety react-ion, limitation of motion, severe aches and pains, mental anguish concomitant With his physical injuries and severe nervous shock. The injuries and conditions suffered by Plaintiff are believed to be permanent in nature and have in the past and may in the future cause Plaintiff great pain and suffering. Plaintiff has been and will in the future be prevented from pursuing his usual duties, activities, goals and/or daily affairs. by and through his mother and natural guardian, Melinda Clark, demands judgment in his favor and against the Defendants Lanem, Sherman, Cliugtai, Detoaiswotlh and/or Temple University, individually and/or jointly, in an amount in excess ofPiffy Thousand Doliars plus interest, costs, attorney's fees and punitive damages, Case ID: 18020 1196 COUNT II BATTERY PLAINTIFF v. DEFENDANTS LAN ETTI, SHERMAN. CHUGTAI AND DECOATSWORTH 22. The preceding paragraphs of Plaintiff?s Complaint are incorporated by reference as though fully set forth herein at length. 23. Defendants, Lanetti, Sherman, Chugtai and/"or Decoatsworth, committed a battery by forcefully striking Plaintiff, forcefully pulling Plaintiff?s left arm behind his back and throwing him to the ground, thereby causing injuries as described above. 24. Plaintiff suffered from physical injuries as described as well as emotional distress. 25. Defendants? actions were intentional, reckless, wanton, and/ or outrageous and constituted a battery upon Plaintiff. 26. As a direct and proximate result of the battery, Plaintiff sustained severe and permanent injuries as described more fully above, as well as other injuries, the extent and nature of which are as yet not fully determined. In addition, Plaintiff sustained post-incident traumatic anxiety reaction, limitation of motion, severe aches and pains, mental anguish concomitant with his physical injuries and severe nervous shock. The injuries and conditions suffered by Plaintiff are believed to be permanent in nature and have in the past and may in the future cause Plaintiff great pain and suffering. Plaintiff has been and will in the future be prevented from pursuing his usual duties, activities, goals and/or daily affairs. Case ID: 180201196 WHEREFORE, Plaimiff,-- by and through his mother and natural guardian, Melinda Clark, demands judgment in his tavor and against the Defendants Lanetti, Sherman, Chugtai, Decoatsworth and/or Temple University, individually and/oi- jointly, in an amount in excess of Fifty Thousand Dollars plus interest, rests, attorney's fees and punitive damages. COUNT PLAINTIFF DEFENDANTS LANETTI SHERMAN QHUGTAI AND DECOATSWORTH 27. The preceding paragraphs 0f Plainntr's Complaint are incorporated by reterence as though fully set forth herein at length. 28. Defendants Lanetti, Sherman, Chugtai and/or Decoatsworth committed an assault by forcefully striking Plaintiff, forcefully pulling Plaintiff's left arm behind his back and throwing him to the ground. thereby causing injuries as described above. 29. Plaintiff su flared from physical injuries as described as well as emotional dislress. 30, actions were intentional, reckless, wanton, and/or outrageous and constituted an assault upon Plaintiff. 31. As a direct and proximate result or the assault, Plaintiff sustained severe and permanent injuries as described more fuin dbuve, as Well as other injuries, the extent and nature of which are as yet not tully determined. in addition, Plaintiti sustained postrincidenr traumatic anxrety reaction, limitation of motion, severe aches and pains, mental anguish concomitant With his physical injuries and severe nervous shock. The injuries and conditions suffered by Plaintiff are believed to be permanent in nature and Case ID: 18()2( 1196 have in the past and may in the future cause Plaintiff great pain and suffering, Plaintiff has been and will in the future be prevented from pursuing his usual duties, activities, goals and/or daily affairs. WHEREFORE, Plaintiff_ by and through his mother and natural guardian, Melinda Clark, demands judgment in his favor and against the Defendants Lanetti, Sherman, Chugtai, Desoatsworth and/or Temple University, individually and/or Jointly, in an amount in excess of Fifty Thousand Dollars plus interest, costs, attorney's fees and punitive damages. IV 7 RESPONDEAT LIABILITY PLAINTIFF v. DEF ANT TEMPLE IVERSITY 32. The preceding paragraphs of Plaintiff's Complaint are incorporated by reference as though fully set forth herein at length. 33. At all times material hereto, Defendant Temple University was acting through Defendants Lanetti, Sherman, Chugtm' and Decoatsworth (collectively "Defendant Officers") who, as employees, agents, workmen and/or servants of Defendant Temple University, were acting within the course and scope of their employment With Defendant Temple University and under the direct supervision and control of Defendant Temple University, and all acts, omissions or other liability producing conduct of Defendant Officers were within the scope at their authority, 34. At all times material hereto, Defendant Officers were the duly authorized actual and/or apparent employees, agents, workmen arid/or servants of Defendant Temple University. Case ID: 1802 1196 35. At all times material hereto, Defendant Officers were acting within the course and scope of their actual and/or apparent employment and in furtherance of the interests of Defendant Temple University. 36. Defendant Temple University is individually, jointly and/or severally vicariously liable for the negligence and carelessness of Defendant Officers, as more fully set forth above and incorporated herein by reference. 37. As a direct and proximate result of the negligence and carelessness of Defendant Officers, Plaintiff sustained severe and permanent injuries as described more fully above, as well as other injuries, the extent and nature of which are as yet not fully determined. In addition, Plaintiff sustained post-incident traumatic anxiety reaction, limitation of motion, severe aches and pains, mental anguish concomitant with his physical injuries and severe nervous shock. The injuries and conditions suffered by Plaintiff are believed to be permanent in nature and have in the past and may in the future cause Plaintiff great pain and suffering. Plaintiff has been and will in the future be prevented from pursuing his usual duties, activities, goals and/or daily affairs. 38. By reason of the aforesaid negligence and carelessness of Defendant Officers, Plaintiff has been in the past and may in the future be obliged to expend large sums of money for medicines and medical attention to treat and cure himself of the aforesaid injuries. Case ID: 180201196 39 Plaintiff further avers that as a result of the aforesaid neghgence and carelessness of Defendant officers, he has in the past and may in the future be unable to attend to his normal and usual duties, affairs, avocations and occupations, to his great financial damage and loss, WHEREFDRE, Plainfiff,--by and through his mother and natural guardian, Melinda Clark, demands judgment in his favor and against the Defendants Lanetti, Sherman, Chugtai, Decoatsworth and/or Temple University, individually and/or jointly, in an amount in excess of Fifty Thousand Dollars plus interest, costs, attorney's fees and punitive damages. SILVERS, LANGSAM e: idling/L C. Michael Gallagher, Esquire Attorney for Plaintiff, Nyceem Corbin, by and through his Mother and Natural Guardian, Mellnda Clark BY: wit/ex Case ID: 18020 1196 ATION mm (1 a. 1a." hexeby state that 1 am the plaintiff in this scam am: verify that the statements of fact mada in the foregoing Complaint axe hue and correct to the best of my knowledge, informal-ion and belief. The undersigned understands Lhal his Verification is made subject to the penalties 18 Pa. C15. ?4904 relating to unswom (aIsLfication to authorities Case ID: 180201196