Filed Date: July 14, 2020
Case Ongoing
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This is a case about the Philadelphia Police Department's (PPD) use of force against peaceful protesters during the summer 2020 racial justice protests that followed the murder of George Floyd.
On July 14, 2020, residents of a predominantly Black neighborhood in West Philadelphia filed this lawsuit in the United States District Court for the Eastern District of Pennsylvania. The plaintiffs sued the city of Philadelphia, its police department, and several John Doe police officers under 42 U.S.C. § 1983, 42 U.S.C. § 2000d et. seq, and state law. Represented by the NAACP, Abolitionist Law Center, and private counsel, the plaintiffs sought declaratory relief and damages. The case was assigned to Judge John R. Padova.
The plaintiffs alleged that PPD officers subjected them to excessive and unreasonable force in violation of the Fourth Amendment and that they sustained physical injuries as a direct and proximate result of the officers’ conduct. They further alleged that the officers’ use of force was motivated, at least in part, by race and racial prejudice in violation of the Fourteenth Amendment’s Equal Protection clause. The plaintiffs also asserted that the officers’ intentional racial discrimination violated Title VI of the Civil Rights Act of 1964. The plaintiffs also brought state law claims, alleging that the excessive force used by officers constituted the torts of assault and battery. Five of the named plaintiffs alleged that the defendants violated their First Amendment rights by using force against them in retaliation for exercising their right to engage in protected speech and assembly. One named plaintiff alleged that the defendants took him into custody and detained him without sufficient legal cause, and in doing so violated his Fourth and Fourteenth Amendment rights to be free from unlawful seizure.
On September 16, 2020, the plaintiffs filed an amended complaint, adding several named plaintiffs. On March 16, 2021, the court referred the case to Magistrate Judge David R. Strawbridge for a settlement conference. The parties engaged in settlement talks for the remainder of 2021 and all of 2022.
On March 20, 2023, the court entered a consent order setting forth the terms of a settlement agreement. Under the settlement, the City of Philadelphia agreed to pay $9,250,000 in damages to the individual plaintiffs, direct $500,000 toward community wellness and healing through a community grant (“The West Philadelphia Community Fund”) to serve the West Philadelphia Community surrounding the 52nd Street Corridor, and pay an additional $75,000 to Bread & Roses to cover the cost of administering the grant. The settlement required the Philadelphia Police Department Commissioner to attend a bi-annual meeting to report on the use of force incidents and be available to answer questions from the public. The Philadelphia Police Department also terminated its participation in the 1033 program, a federal program that armed law enforcement with military weapons and equipment.
As of April 8, 2023, this case was ongoing.
Summary Authors
Rhea Sharma (4/8/2023)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17346581/parties/smith-v-city-of-philadelphia/
FEINBERG, JONATHAN H. (Pennsylvania)
GROTE, BRET (Pennsylvania)
HOLSTON, NIA (Pennsylvania)
JOHNSON, ALEXSIS (Pennsylvania)
GONZALES, JOHN P. (Pennsylvania)
See docket on RECAP: https://www.courtlistener.com/docket/17346581/smith-v-city-of-philadelphia/
Last updated Dec. 21, 2024, 2:57 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Pennsylvania
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: July 14, 2020
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Residents of a predominantly Black neighborhood in West Philadelphia.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
City of Philadelphia (Philadelphia), City
Defendant Type(s):
Case Details
Causes of Action:
Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
Constitutional Clause(s):
Due Process: Substantive Due Process
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Amount Defendant Pays: $9,825,000
Order Duration: 2023 - 2025
Issues
General/Misc.:
Discrimination Basis:
Affected Race(s):
Policing: