Case: Smith v. City of Philadelphia

2:20-cv-03431 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: July 14, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

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…

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)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17346581/parties/smith-v-city-of-philadelphia/


Judge(s)
Attorney for Plaintiff

FEINBERG, JONATHAN H. (Pennsylvania)

GROTE, BRET (Pennsylvania)

HOLSTON, NIA (Pennsylvania)

JOHNSON, ALEXSIS (Pennsylvania)

Attorney for Defendant

GONZALES, JOHN P. (Pennsylvania)

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Documents in the Clearinghouse

Document
1

2:20-cv-03431

Complaint

July 14, 2020

July 14, 2020

Complaint
13

2:20-cv-03431

First Amended Complaint

Sept. 16, 2020

Sept. 16, 2020

Complaint
81

2:20-cv-03431

Consent Order

March 20, 2023

March 20, 2023

Order/Opinion

Docket

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.

Case Details

State / Territory: Pennsylvania

Case Type(s):

Policing

Special Collection(s):

Police Violence Protests

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):

Private Plaintiff

Attorney Organizations:

NAACP Legal Defense Fund

Abolitionist Law Center

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):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Discrimination Prohibition

Reporting

Amount Defendant Pays: $9,825,000

Order Duration: 2023 - 2025

Issues

General/Misc.:

Pattern or Practice

Racial profiling

Retaliation

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Policing:

Excessive force

False arrest