U. Police named in two suits

While University Police officials are fighting crime in Philadelphia, University lawyers are battling two lawsuits against the department. The University and University Police are being sued in two separate cases for unnecessary roughness and civil rights violations. In the first lawsuit, filed last month by Thaddeus Hardy, the plaintiff alleges that his civil rights were violated by University Police officer Andrew Malloy. According to the complaint, Malloy unnecessarily drew a gun on him and arrested him while he was not on University property. University General Counsel Shelley Green said many individuals make allegations against the University that are simply untrue. "One should not assume that allegations are true," Green said. "The University is prepared to defend the case vigorously." According to the complaint, Hardy tried to get into the employees' parking lot at the 30th Street Station Post Office on Feb. 1, 1994, but could not because Malloy's car was blocking the way. Hardy claims he honked his horn three times before proceeding past Malloy into the employees' parking lot. Once Hardy had exited his car, he alleges that Malloy drew his handgun from about 30 feet away and told him to put his hands up. Malloy then told Hardy he had run a stop sign and issued him a ticket. Hardy was found not guilty of disregarding the stop sign in Common Pleas Court in June. Hardy said the incident, which occurred near the intersection of 31st and Chestnut streets, raises jurisdictional issues. His complaint states that pursuant to a state ordinance governing campus police departments, University Police can exercise their authority only in emergency situations when not on campus property. Hardy is asking for $1 million in compensatory damages and $2 million dollars in punitive damages. The suit claims that Hardy has "undergone mental anguish and will continue to endure [the] same for an indefinite time in the future to his great detriment and loss." Hardy's attorney, Douglas Earl, said he feels his client has a strong case and hopes in the future such harassment will be stopped. In a separate suit filed by Shelly Hargrove, which dates back to August 1991, the plaintiff alleges police brutality against both University and Philadelphia police. The suit alleges that Hargrove was stopped by University Police officers Jaret Fernandez and Tracy Thomas while driving by 38th and Mellon streets. The complaint alleges that Fernandez and Thomas took Hargrove from his car without cause and placed him under arrest. Next, they allegedly punched, kicked and beat him with flashlights and nightsticks. Milton Valez, attorney with the city solicitor's office, disagrees with Hargrove's contentions. "We are vigorously going to defend the suit," Valez said. "We have a unified front in the defense. It didn't happen the way he said." The suit, which is in the federal arbitration system, will be heard before a three lawyer panel in federal court on Nov. 10. Assistant Director of Risk Management Ron Jasner said he is confident that the University will be exonerated in both cases. "The University Police officers did nothing wrong," he said.

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