PHILADELPHIA, Aug. 30, 2021 /PRNewswire/ — The law firm of Mincey Fitzpatrick Ross will file a lawsuit in the United States District Court for the Eastern District of Pennsylvania on Wednesday morning against Chester Township, the Chester Township Police Department and Individual Police Officers seeking a declaration that they violated the constitutional rights of the plaintiffs, compensatory and punitive damages.
The plaintiffs, Brandon Alvin, Edward Baldwin, Keith Briggs, Rachel Briggs, Ramir Briggs, Kimyuatta Lewis and D.B., a minor, were all unlawfully arrested and assaulted. Each was charged with loitering, without the police inquiring about the lawful purpose of the individuals to be at that location. Each instance involves the improper use of loitering charges to justify an arrest.
The plaintiffs were arrested without committing any crime.
The suit alleges the arrests were in violation of the First, Fourth, and Fourteenth amendments to the United States Constitution. In addition, the loitering statute itself is unconstitutionally overboard and reaches a substantial amount of constitutionally protected conduct.
The suit further alleges the loitering statute is being used to generate municipal revenue. The conduct of the Chester Township Police Department has disproportionally affected Black individuals, who are stopped by police at a higher rate than others.
“The conduct by the police officers in this matter is reprehensible and a clear violation of our clients’ rights. Chester Township is putting municipal revenue over resident safety. This cannot stand and we will seek justice by holding the defendants accountable in a court of law.” – Thomas Fitzpatrick, Partner, Mincey Fitzpatrick Ross, LLC.
“The fact that the same officer could be allowed to conduct three of these arrests, often with supervisors physically present and participating, in such a short period is evidence that a pattern and practice of unconstitutional conduct has been in place in the CTPD for a long time. With the unlawful assaults and arrests in this matter, we believe this is a clear case of wrongdoing.” – Kevin Mincey, Partner, Mincey Fitzpatrick Ross, LLC.
Date: September 1, 2021
Location: Mincey Fitzpatrick Ross, LLC – One Liberty Place, 1650 Market Street, Suite 3600, Philadelphia, PA 19103
Livestream link: https://www.youtube.com/watch?v=TfuYOm9s2HA
About Mincey Fitzpatrick Ross, LLC.
Mincey Fitzpatrick Ross, LLC is the leading black-owned law firm in Philadelphia. We help our clients win by beginning each engagement focused on achieving justice first. Our team of experienced trial attorneys have the legal acumen and strategic focus which are a hallmark of our practice. Diversity is central to our mission.
Learn more at minceyfitzross.com.
Teresa M. Lundy
E: [email protected]
O: (215) 500-8749
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