Suit alleges brutality by U. Police

A police brutality lawsuit filed against both University and Philadelphia police this summer was moved from Common Pleas Court to Federal Court last week. In the case, Philadelphia resident Shelly Hargrove, of the 3800 block of Folsom Street, alleges he was stopped by University Police officers Jaret Fernandez and Tracy Thomas on August 4, 1991 while driving by 38th and Melon streets. He alleges Fernandez and Thomas took him from his car without cause and placed him under arrest. They then punched and kicked him and beat him with flashlights and nightsticks, according to Hargrove's suit. Hargrove was then taken to the 16th District Police Station, where he was held for three hours before being released without being charged with any crime, the suit claims. The suit states that "at no time did the plaintiff commit any offense against the laws of [Pennsylvania]" and that Hargrove was never given a reason for his arrest. Hargrove's suit is divided into two state counts for unlawful restraint and invasion of privacy and trespass, assault and battery, and one count under a federal police brutality statute. He is claiming over $16,000 in medical expenses and damages. In July, he filed suit in Common Pleas Court against the City of Philadelphia, the University, Fernandez, Thomas, the University Police Department, and four University and Philadelphia police officers who were identified in the suit only as John Doe, Joann Doe, James Doe and Jane Doe. Last week, the city motioned to have the case moved to federal court. "The city removed the case to federal [court] because there are federal and constitutional claims and the federal court has special expertise," Divisional Deputy City Solicitor Carlton Johnson said earlier this week. Johnson said such motions are "common practice" and federal judges generally accepts them unless one of the parties has strong objections. Hargrove could not be reached for comment and his lawyer, Craig Washington, did not return several phone calls placed to his office. Fernandez is no longer a University Police officer, police officials said earlier this week and Thomas could not be reached for comment. Associate General Counsel Neil Hamburg and city attorney Shelley Smith did not return several phone calls placed to their offices.

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