DelcoTimes

A Black man alleges excessive force was used by five police officers during his arrest for public drunkenness back in November 2012, according to a civil lawsuit filed Thursday in federal court.

 

 

Attorney J. Conor Corcoran filed the seven-count suit on behalf of Kiyean Brown and his wife, Erin Bean. The suit alleges Brown suffered serious bodily impairments, pain and trauma after he was intentionally Tasered in the groin area by Ridley Township Police Officer Matthew Rowan, who was backing up then-Glenolden Police Officer Joseph Juisti during Browns arrest in the 100 block of North Llanwellyn Avenue in Glenolden, at about 2 a.m. on Nov. 12, 2012.

 

 

As a result of the shock, Corcoran said Brown suffered serious bodily impairment including urinary incontinence, pain, trauma and embarrassment. The extent of Brown’s impairment is unknown.

“It’s a bad little case for these officers. At some point, these bastards have to learn to leave their macho-man ways aside because they are torturing people while in custody, with electricity,” Corcoran said Friday. “There is a history in the area of this behavior.”

 

 

At the time of his arrest, according to the suit, Brown was walking home in the 100 block of North Llanwellyn Avenue, and was directly outside his residence, when he was taken into custody. Attorney John M. Corcoran, Conor Corcoran’s father, represented Brown on the criminal charges.

 

 

According to the affidavit of probable cause for arrest, Juisti was on patrol when he responded to a report of a fight at the Red Lantern bar. As he was leaving that scene, he made contact with Brown in the area of the 100 block of North Llanwellyn Avenue, who was yelling and screaming obscenities. Brown failed to listen to numerous officers’ requests to stop causing a disturbance and was arrested.

 

 

The affidavit described Brown as argumentative and combative, and indicated that Brown kicked Juisti’s right knee several times while officers’ attempted to put Brown into the police car.

 

 

In addition to public drunkenness, Brown was charged with aggravated assault, simple assault, resisting arrest and disorderly conduct, according to records. He was convicted of simple assault and resisting arrest under a negotiated guilty plea, and sentenced to one year probation, 40 hours community service, anger management class, drug/alcohol evaluation and electronic home monitoring for the first six months.

 

 

His sentence, under an Intermediate Punishment Program, was effective June 24, 2013.

 

 

Corcoran said his client had no involvement in the disturbance at the bar, located on Oak Avenue in Folcroft.

 

 

Named in the suit along with Rowan and Juisti are Officers Louis DeVito and Bill Christie of Collingdale, and Officer Michael Laverghetta of Darby Township. Rowan, DeVito, Christie and Laverghetta were described as Juisti’s backups.

 

 

Because Juisti, Devito, Christie and Laverghetta were in the immediate vicinity of Brown and Rowan when the Taser was used but didn’t do or say anything, they were “tantamount to wantonly, excessively, and unnecessarily torturing plaintiff Brown,” the suit states.

 

 

The municipalities of Glenolden, Ridley Township, Collingdale and Darby Township are also listed as defendants.

 

 

“I have not seen the lawsuit. When I take a look at it, I will direct the borough appropriately,” Michael Puppio, solicitor for Glenolden, said Friday.

 

 

Peter J. Rohana, Sam Auslander and Michael Pierce, solicitors for Ridley Township, Collingdale and Darby Township, respectively, did not return messages left at their offices Friday.

 

 

Currently, Juisti is employed by Chester, and DeVito and Laverghetta are employed by Philadelphia, authorities said.

 

 

“Rowan, who was in no danger whatsoever, spitefully took out his Taser, reached into the patrol car, and Tased Mr. Brown in the testicles with a dry or contact Tase, meaning he shoved the Taser directly on my client’s crotch, rather than shoot from a distance,” Corcoran said. “The electrocution cauterized my client’s testicle, burning a hole in his scrotum. It also burned his thigh, and has caused what appears to be tremendous damage to my client’s urological system.”

 

 

Described as “a large man” at 6 feet 3 inches tall and 260 pounds, the suit states that Brown struggled at the time of the arrest to get his entire body into the back seat of the patrol vehicle, while his hands were cuffed behind his back.

 

 

Brown was in custody, handcuffed and seated in the rear of a police cruiser when, in an attempt to slide himself into the back seat pursuant to Juisti’s orders, his leg hit Juisti’s right knee, the suit states.

 

 

Without warning or justification, the suit alleges, Rowan “savagely Tasered (Brown) specifically in the testicles and about his thighs and groin.”

 

 

According to the suit, “Rowan’s electrocution of (Brown) was not objectively reasonable by any standard, let alone that of a reasonable officer on the scene.”

 

 

The suit claims Bean has been and will continue to be deprived of her husband’s companionship, services, society and consortium, as well as incur expenses for her husband’s medical attention to treat and/or cure his injuries.

 

 

The couple, who according to an online gift registry recently was expecting a baby, is demanding a jury trial and is seeking a $1.5 million judgment.

 

 

Corcoran noted his client is not challenging the validity of his conviction, and as such is permitted civilly “to pursue the essential issue” of alleged use of excessive force by police.

 

 

“I would think a Taser to the testicle qualifies,” Corcoran said.