When Philadelphia resident Kareem Astillero was pulled over for a traffic stop last year, he didn't think he had done anything wrong. Although he was never cited or arrested for any violations, Astillero claims Penn Police Officer Charles Deshields punished him in a worse way. The quadriplegic alleges that Deshields brutally assaulted him because Astillero's physical handicap prevented him from exiting his car as Deshields requested. The lawsuit, which Astillero filed against the University and Deshields last April, will go before an arbitration panel in less than two weeks. The lawyer representing both defendants refused to comment on the case last night. University spokesperson Ken Wildes originally responded to the lawsuit in April by saying that the University did not believe Astillero was mistreated but rather that the police officers handled the incident inappropriately. Both Deshields and Astillero gave depositions during the discovery period, stating their respective accounts of the case. While Astillero's attorney, Lee Bender, refused to venture a prediction as to how the case would turn out, he said he is confident that his client's deposition will clearly show that Deshields was in the wrong. "It shows the callousness on his part as to the obvious plight of Mr. Astillero," Bender said, adding that Deshields' conduct was "obsessive and abusive." The lawsuit says the 23-year-old Astillero was driving in the area of 39th and Market streets on March 11, 1998, when Deshields allegedly pulled him over without reason. Astillero claims he was ordered to exit the car at gunpoint and that after telling Deshields that he could not get out because he is paralyzed, several officers, including Deshields, allegedly "attacked, beat and grabbed him, all the while verbally abusing him," the lawsuit claims. The suit demands reparations for five counts of wrongdoing, negligence, assault and battery, intentional infliction of emotional distress, negligent infliction of emotional distress and false imprisonment. Astillero is also seeking punitive damages. Although the University has not made an offer to settle the case, Bender said that with the threat of a trial looming, a settlement remains a possibility. "It's the kind of conduct which I don't think [Penn] want[s] to have publicized," Bender said, pointing out that Astillero was never arrested for any violations. Bender said that in addition to Astillero's testimony, he may call several of his client's friends and neighbors who witnessed the incident to the stand. The hearing, which Bender said should last several hours, will take place on November 29 at the Arbitration Center at 1601 Market Street.
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