Case 1:19-cv-02166-YK Document 1 Filed 12/18/19 Page 1 of 11

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
______________________________________
JASON WATTS,
)
Plaintiff,

) CIVIL CASE NO. __________

v.

)

CITY OF YORK and
GALEN DETWEILER, in his individual
capacity,

JURY TRIAL DEMANDED

)
)

Defendants.
)
______________________________________
COMPLAINT
PRELIMINARY STATEMENT
The Fourth Amendment to the United States Constitution, as incorporated by
the Fourteenth Amendment and applied to the States, protects the people from
unreasonable seizures of their person. The United States Supreme Court has held
that excessive use of force may constitute an unreasonable seizure and,
accordingly, violate the Fourth Amendment.
On August 10, 2019, Galen Detweiler, a York City Police Officer, stopped
Jason Watts for a minor traffic violation. While detaining Mr. Watts, Officer
Detweiler used force that was excessive and unreasonable under the circumstances.
As a result, Mr. Watts suffered injuries that have not responded to medical
treatment, and Mr. Watts now requires multiple surgeries.

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Officer Detweiler has a history of using unreasonable and excessive force to
the point of causing serious injury to individuals. The City is well familiar with
Officer Detweiler's propensity for using excessive force and for inflicting serious
injury upon others. Yet, the City repeatedly fails to take any measures to ensure
that individuals' constitutional rights are not violated. The City prefers the status
quo, instead of supervising and/or re-training Officer Detweiler. Hence, Officer
Detweiler continues to violate individuals' constitutional rights and, in so doing,
threatens public safety.
JURISDICTION
1. This Court has jurisdiction over the subject matter of this Complaint under 42
U.S.C. § 1983 and 28 U.S.C. §§ 1331, 1343(a)(3), and 1343(a)(4).
2. Venue is appropriate in this Court, pursuant to 28 U.S.C. §1391 because the
incident that gives rise to Plaintiff's claim occurred in this district.
PARTIES
3. Jason Watts (“Plaintiff”) is a resident of York, Pennsylvania.
4. The City of York ("the City") is a third-class municipality located in York
County, Pennsylvania. The York City Police Department is a law enforcement
agency that operates within City government.
5. Galen Detweiler ("Detweiler") was hired by York City in 2017 as a Police
Officer.

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STATEMENT OF FACTS
6. At or around 5:15 p.m. on August 10, 2019, Plaintiff pulled out from his
residence on his motorcycle. He drove a couple of blocks on E. King Street
when he suddenly realized that a police cruiser was flashing its lights and
sounding its siren.
7. Plaintiff drove to Elmwood Boulevard to get out of the way of traffic.
8. Plaintiff stopped, turned down the kickstand, and removed his helmet.
9. Detweiler approached Plaintiff and asked him for his license, registration, and
insurance.
10. Plaintiff asked Detweiler why he was being stopped. Detweiler did not answer
immediately. Detweiler later told Plaintiff because Plaintiff was "flying past
him."
11. Plaintiff does not recall passing Detweiler and, in fact, had just left his home
and only driven a couple of blocks.
12. Plaintiff immediately handed Detweiler his driver's license, but his other
vehicle documents were under the motorcycle passenger seat and he needed to
open it with a key.
13. Plaintiff could not unlock the passenger seat to get his documents because
Detweiler was standing very close to Plaintiff; Detweiler was standing so close
to the motorcycle that Plaintiff could not dismount his motorcycle.
14. Plaintiff was still seated on his motorcycle.
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15. Plaintiff asked Detweiler if he could step back so that he could access the seat
to get his documents.
16. Detweiler immediately got angry, grabbed Plaintiff's arm, and pulled Plaintiff
off the motorcycle.
17. Detweiler yanked Plaintiff’s right arm in an upward motion while
simultaneously pulling both arms behind Plaintiff's back, and stating: “That’s it.
You’re getting arrested. You’re losing your bike.”
18. Plaintiff pleaded with Detweiler “I have been nothing but compliant.”
19. Detweiler then confined Plaintiff to a small space in the back of the police
cruiser and buckled Plaintiff. There was a barrier in the middle of the back seat
and plexiglass between the front and back seats.
20. While buckling Plaintiff, Detweiler put his face into Plaintiff's shirt, as if
hoping to smell alcohol or some controlled substance.
21. Detweiler got in the front seat and began taunting Plaintiff, saying: "You're
going to jail . . . you're getting four citations . . . and we're taking your
bike . . . ."
22. Plaintiff asked Detweiler how fast he was going; Detweiler said "it doesn't
matter" because it is how he (Detweiler) perceives it.
23. At one point, Plaintiff told Detweiler that he (Plaintiff) has been compliant and
he asked Detweiler why he is being so aggressive. Detweiler responded:
"Depending on how you are with us is how we are with you."
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24. Then Detweiler's conversation vacillated between anger and affability.
25. For example, Detweiler began talking about his own motorcycle; at one point,
he suggested that Plaintiff take his motorcycle to the racetrack.
26. Detweiler proceeded to lecture Plaintiff for 15 minutes.
27. At all times, Plaintiff was respectful.
28. Detweiler wrote up a citation, charging Plaintiff with reckless driving.
29. Detweiler then asked Plaintiff if he knows where the Magistrate's Office is;
Plaintiff said that he knows it well because he owns property and goes before
the Magistrate over landlord-tenant issues.
30. Detweiler softened his attitude when he heard that Plaintiff owned property and
often went before the Magistrate.
31. Upon release of Plaintiff, Detweiler stood behind Plaintiff and directed
Plaintiff to bend forward because Detweiler was having difficulty removing
Plaintiff's handcuffs.
32. Plaintiff was bent at nearly a ninety degree angle, for Detweiler’s benefit in the
un-cuffing process, Detweiler jerked Plaintiff’s right arm in a circular motion as
Detweiler was releasing the cuff. Plaintiff was in immediate and severe pain.
33. On September 23, 2019, Plaintiff and his attorney appeared in York County
District Court to challenge the reckless driving citation issued by Detweiler.

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34. Detweiler falsely stated to Plaintiff's attorney that Plaintiff had prior points
against his driver's license. When Plaintiff heard Detweiler's misrepresentation,
he intervened and advised that he has no points.
35. Plaintiff agreed to enter a plea for a lesser offense.
36. That same day in District Court, Plaintiff heard Detweiler bragging to another
male police officer about the Melissa Penn case. Detweiler asked the male if he
saw the video, adding that it is "great . . . you should see it."
37. Melissa Penn has a federal civil rights lawsuit pending against Detweiler for
his use of excessive force; a passer-by captured Detweiler's beating of Penn on
video and the video has been published on the internet.
CLAIMS FOR RELIEF
COUNT I -- Violation of the Fourth and Fourteenth Amendments
Use of Excessive Force
38. Plaintiff hereby incorporates the foregoing paragraphs, as if fully set forth
herein.
39. The Fourth Amendment prohibition against unreasonable searches and
seizures, as incorporated against the states through the due process clause of the
Fourteenth Amendment to the United States Constitution prohibits law
enforcement officers from using unreasonable and excessive force when
detaining, arresting or searching individuals.

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40. Excessive force is that which is unreasonable in light of the totality of the
circumstances.
41. Detweiler man-handled Plaintiff when he grabbed Plaintiff's arm and pulled
him down off of his motorcycle.
42. Detweiler pulled and twisted Plaintiff's arms in such a manner that it caused
Plaintiff serious injury, including tearing a large portion of Plaintiff’s labrum
and causing nerve damage to Plaintiff’s right arm that requires multiple
surgeries.
43. Plaintiff remained handcuffed in an awkward position for 15 minutes.
44. Upon release of Plaintiff, Detweiler then stood behind Plaintiff and directed
Plaintiff to bend forward because Detweiler was having difficulty removing
Plaintiff's handcuffs.
45. Plaintiff was bent at nearly a ninety degree angle, for Detweiler’s benefit in the
un-cuffing process, Detweiler jerked Plaintiff’s right arm in a circular motion as
Detweiler was releasing the cuff. Plaintiff was in immediate and severe pain.
46. At all times, Plaintiff was a detainee.
47. Plaintiff suffered injury to his right shoulder for which he sought treatment.
48. After months of unsuccessful treatment and physical therapy, Plaintiff requires
surgeries to repair his right shoulder.
49. At all times, Detweiler acted under color of state law.

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50. Detweiler acted with malice, evil intent and reckless disregard when he used
excessive force against Plaintiff.
51. Detweiler is liable for the use of excessive force against Plaintiff. See 42
U.S.C. §1983.
Count II - Monell
52. Plaintiff hereby incorporates the foregoing paragraphs, as if fully set forth
herein.
53. On August 10, 2019, Detweiler acted under color of state law when he used
excessive and unreasonable force against Plaintiff.
54. Prior to August 10, 2019, the City had knowledge of Detweiler's history of
excessive and unreasonable force against individuals.
55. Prior to August 10, 2019, the City knew that Detweiler relished the notion of
beating individuals.
56. The City knew that The Washington Post had publicized statements made by
Detweiler on his Facebook page. According to the 2014 post, Detweiler's
"bucket list" included his desire "to punch a guy so hard he poops himself."
Detweiler added a check mark after the post, implying that he successfully
achieved his goal as a Baltimore police officer.
57. The City also knew of Detweiler's beating of Melissa Penn in July 2017, which
was a mere five months after Plaintiff was sworn in as a York City Police
Officer.
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58. Notwithstanding this knowledge, the City remained indifferent to the
likelihood that Detweiler will continue to violate individuals' constitutional
rights.
59. For all intents and purposes, the City has ratified -- and continues to ratify -Detweiler's use of excessive and unreasonable force, which causes serious
bodily injury to his victims.
60. The City has made a calculated decision in favor of the status quo, rather than
take affirmative steps to ensure that Detweiler no longer abuses victims to the
point of violating their constitutional rights.
61. Indeed the City's ratification of Detweiler's constitutional violations is evident
by virtue of Detweiler's September 23, 2019 boasting about the video of his
beating Melissa Penn; said boasting was done in public and with impunity
because Detweiler anticipates no repercussions. He knows that the City ratifies
his violations.
62. The City has failed in its responsibility to train, re-train and/or supervise
Detweiler in the use of proper force and the constitutional prohibition against
the use of excessive and unreasonable force.
63. Accordingly, the City is liable for the unconstitutional conduct of Detweiler
within the meaning of Monell v. Department of Social Services, 436 U.S. 658
(1978).

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REQUESTED RELIEF

Wherefore, Plaintiff respectfully requests:
A. Compensatory damages as to Defendants York City and Galen Detweiler;
B. Punitive damages as to Defendant Galen Detweiler;
C. Reasonable attorneys’ fees and costs;
D. Declaratory, injunctive and other equitable relief; and
E. Such other and further relief as may appear just and appropriate.
Plaintiff hereby demands a jury trial.

/s/ Leticia C. Chavez-Freed
Leticia C. Chavez-Freed, Esq.
PA Bar ID 323615
The Chavez-Freed Law Office
2600 N. 3rd Street, 2nd FL
Harrisburg, PA. 17110
(717) 893-5698
leticia@chavez-freedlaw.com
Counsel for Plaintiff
Date: December 18, 2019

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