Case 2:14-cv-07334-TJS Document 1 Filed 12/30/14 Page 1 of 23

CIVIL COVER SHEET

JS 44 (Rev. 12/12)

The JS 44 civil cover sheet and the information contained herein .neither replace nor supplement the fihng and service of pl~adings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Jud1c1al Conference of the Umted States m September 1974, 1s reqmred for the use of the Clerk of Court for the

purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXF PAGE OF THIS FORM.)

DEFENDANTS

I. (a) PLAINTIFFS

Univ. of Penn Police Department, Ofc. Julia Umbrell (individually and

in her official capacity, and Ofc. John Doe (individually and in her
official capacity

Allen, Halimah

Dekalb County

(b) County of Residence of First Listed Plaintiff

_,_P,_,h"'ila,._d,,_e=lp~h"'ia"-----

County of Residence ofFirst Listed Defendant

(IN US. PLAINTIFF CASES ONLY)

(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:

IN LAND CONDE1"1NATION CASES, USE THE LOCATION OF

THE TRACT OF LAND JNVOL VED.

Attorneys (If Known)

( C) Attorneys (Firm Name, Address, and Telephone Number)

MFI Law Group, PLLC
1448 South Street, Suite 200
Philadelphia, PA 19146, (215) 735-2357

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an

0 I U.S. Government

ederal Question
(US. Government Not a Party)

Plaintiff

0 2

0 4

U.S. Government
Defendant

Diversity
(Indicate Citizenship of Parties in Item Ill)

IV. NATURE OF SUIT (Place an "X" in One Box Only)

";p
fA CONTD:ACT +..
\t.iW
"TORTS<
'""
0
0
0
0
0
0
0
0
0
0
0
0

I.
0
0
0
0
0
0

PERSONAL INJURY
0 310 Ai1plane
0 315 Ai1plane Product
Liability
0 320 Assault, Libel &
Slander
0 330 Federal Employers'
Liability
0 340 Mruine
0 345 Marine Product
Liability
0 350 Motor Vehicle
0 355 Motor Vehicle
Product Liability
0 360 Other Personal
Injury
0 362 Personal Injwy Medical Maloractice
REJfLPROPERTY .?dt;'. ~CIVIL RIGHTS '' Y
210 Land Condemnation
\
Other Civil lbghts
220 Foreclosure
I Voting
2 Employment
230 Rent Lease & Ejectment
240 Torts to Land
0 443 Housing/
245 Tort Product Liability
Accommodations
290 All Other Real Property
0 445 Amer. w/Disabilities Employment
0 446 Amer. w/Disabilities Other
0 448 Education
110 Insurance
120 Mruine
130 Miller Act
140 Negotiable lnsllurnent
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran's Benefits
160 Stockholders' Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

ilo

1GIN

)!!( 1

(For Diversity Cases Only)

PTF
Citizen of This State
0 I

.:. w

Citizen of Another State

0 2

Incorporated and P1incipal Place

of Business In Another State

0 5

Citizen or Subject of a
Forei Counll

0 3

Foreign Nation

0 6

, f'H , :A@':F-< 1 -;;-,w;

PERSONAL INJURY
0 365 Personal Injury Product Liability
0 367 Health Care/
Phannaceutical
Personal Injwy
Product Liability
0 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
0 370 Other Fraud
0 371 Truth in Lending
0 380 Other Personal
Property Damage
0 385 Property Damage
Product Liability

.DEF

'X" in One Box for Plaintiff

and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
0 4
0 4
of Business In This State

lFORFl\ll'FlfRE'/P.EN~T.TY'iit' ,'i$ BANKRUPT\'

0 625 Drug Related Seizure

of Property 21 USC 881

0 690 Other

28

use 157

"ROPERTYifilGHTS:

....

0 &20 Copyrights
0 830Patent
0 S40 Trademark
V%,,

'

"if: 0.LABQR w='

?;

0 710 Fair Labor Standards

Act

0 720 Labor/Management
0
0
0

Relations
740 Railway Labor Act
751 Famity and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Secwity Act

.O'FH.ERSTAlllUTES'';ii .. I

0 4~2 Appeal 28 USC 158

0 423 Withdrawal

lfSOCIALSECURITYi'
0 86 i HIA ( 1395ff)
0 862 Black Lung (923)
0 863 DIWC/DIWW (405(g))
0 864 SSID Title XVI
0 865 RSI (405(g))

ArifiFEDERAii"fAX:SUJTS%!'
+PRISONER PETI'l'IONSJ!: 0
0 S70 Taxes (U.S. Plaintiff
Habeas Corpus:
0 463 Alien Detainee
or Defendant)
0 871 IRS-Third Party
0 510 Motions to Vacate
26 use 7609
Sentence
0 530 General
0 535 Death Penalty
""""" <1:)Ml\'II6RATION4ffe...'.Eii
Other:
0 462 Naturalization Application
0 540 Mandamus & Other
0 465 Other Immigration
Actions
0 550 Civil ibgb.ts
0 5 55 Prison Condition
0 560 Civil Detainee Conditions of
Confinement

0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0

375 False Claims Act

400 State Reapp01tionment
410 Antitrnst
430 Banks and Banking
450 Commerce
460 Depo1tation
4 70 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Secwities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

o.,

(Pk""" "X".
B~ Om,I
riginal
0 2 Removed from
roceeding
State Court

Remanded from
Appellate Court

0 4 Reinstated or
Reopened

0 5 Transferred from
Another District

06 Multidistrict
Litigation

(specifj;)

"'-..)

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION

Brief description of cause:

42 U.S.C. Section 1983

'

Defendants violated Plaintiff Constitutional rights to be free from unl!lwful search and seizyre_and excessive force.

VII. REQUESTED IN
0
COMPLAINT:
VIII. RELATED CASE(S)
IFANY

RECEIPT#

AMOUNT

CHECK IF THIS IS A CLASS ACTION

UNDER RULE 23, F.R.Cv.P.
(See instructions):

""

APPL YING IFP

DEMAND$

'

CHECK~~ if demankd in complaint:

D:
;gJ es
0 No

JURY DE

~
MAG.JUDGE

Case 2:14-cv-07334-TJS Document 1 Filed 12/30/14 Page 2 of 23

Does this civil action involve a nongovernmental corporate party with any parent corporation and any publicly held corporation owning 10% r
(Attach two copies of the Disclosure Statement Form in accordance with Fed.R.Civ.P. 7.l(a))

YesD

re of its stock?

YesD

Does this case involve multidistrict litigation possibilities?

RELATED CASE, IF ANY:

Case Number: _ _ _ _ _ _ _ _ _ _ _ _ Judge _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date T e r m i n a t e d : / - - - - - - - - - - - - - - - - - - - - Civil cases are deemed related when yes is answered to any of the following questions:

i
I

I. Is this case related to property included in an earlier numbered suit pending or within one year previously termin~ted action in this court?

I
YesD
No~
2. Does this case involve the same issue of fact or grow out of the same transaction as a prior suit pending or withi~ one year previously terminated
I
action in this court?

/
YesD
Nol:B"""
3. Does this case involve the validity or infringement of a patent already in suit or any earlier numbered case pendi1g or within one year previouJJy
terminated action in this court?

YesD

No!JY"'

4. Is this case a second or successive habeas corpus, social security appeal, or pro se civil rights case filed by the sajne individual?

YesD
CNIL: (Place
A.

No~

e/ in ONE CATEGORY ONLY)

Federal Question Cases:

B.

DiversityiJurisdiction Cases:

1.

Indemnity Contract, Marine Contract, and All Other Contracts

I
1. o Insurance Contract and Other Contracts

2.

FELA

2. o Airplhne Personal Injury

3.

Jones Act-Personal Injury

3. o Assailt, Defamation
I

4. o Antitrust

4. o Marine Personal Injury

5.

5.

Mot1r Vehicle Personal Injury

6.

Other Personal Injury (Please specify)

7.

8.

Prod~cts Liability
Prod~cts Liability -

9.

All oiher Diversity Cases

Patent

9. o Securities Act(s) Cases

10.

Social Security Review Cases

11.

All other Federal Question Cases

Asbestos

(Plea~e specify)

(Please s p e c i f y ) - - - - - - - - - - - - - - - - - - 1

ARBITRATION CERTIFICATION
(Check Appropriate Category)

~ ~U..
, counsel of record do hereby certify:
ErPUrSant to Local Civil Rule 53.2, Section 3(c)(2), that to the best of my knowledge and belief, the damages recoverable in this civil action case exceed the sum of
$1~.,9.POOO exclusive of interest and costs;
I,

D:dfo~:t;;z7-'"i""oogh<

T- /

:/~ ~

umlZC/

~~-U.w

Att~cym

NOTE: A trial d novo will be a trial by jury only if there has been complia~ce with F.R.C.P. 38.
I

I certify that, to my knowledge, the within case is not related to any case now pending or within one year pre~iously terminated action in this court
except as noted above.
I
DATE

nh,r;/11
T

CN. 609 (5/2012)

~.;._ ,--,("'.JJ't.C 3 0 Z0~4

Attorney-at-Law

2a']_]'l
Attorney I.D.#

Case 2:14-cv-07334-TJS Document 1 Filed 12/30/14 Page 3 of 23

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSrL VANIA

~1334
NO.

( )
(b) Social Security - Cases requesting review of a decision of the Secretary of Health
and Human Services denying plaintiff Social Security Benefits. I

( )

(c) Arbitration - Cases required to be designated for arbitration under Local Civil Rule 53.2.

( )

(d) Asbestos - Cases involving claims for personal injury or prope~ damage from
exposure to asbestos.
1

(e) Special Management- Cases that do not fall into tracks (a) throJgh (d) that are
commonly referred to as complex and that need special or intens~ management by
the court. (See reverse side of this form for a detailed explanati~n of special
i
management cases.)
(f) Standard Management - Cases that do not fall into any one of th~ other tracks.

#JL.~ i Jtl~~

nff i

Dat(

J:L.5 - 235-ZJ.57
Telephone

Attorney for

;afow@.JU~.e.o"1.

2.15-235- 2.3 5 :C:

/(,(

FAX Number

E-Mail Address

(Civ. 660) 10/02

DEC 3 0 20M}

Case 2:14-cv-07334-TJS Document 1 Filed 12/30/14 Page 4 of 23

\~\THE

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Halimah Allen
3603 Mecklinburg Place,
Decatur, GA 30032
Plaintiff,

CIVIL ACTION

14

CASE NO.
v.
University of Pennsylvania
Police Department
Franklin Building
3451 Walnut Street Suite 421
Philadelphia, PA 19104
and
University of Pennsylvania
Police Department
133 S. 36th Street
Philadelphia, PA 19104
and
Police Officer Julia Umbrell
(individually and in her official capacity)
Franklin Building
3451 Walnut Street Suite 421
Philadelphia, PA 19104
and
Police Officer John Doe
(individually and in his official capacity)
Franklin Building
3451 Walnut Street Suite 421
Philadelphia, PA 19104
Defendants.

WRY TRIAL DEMANDED

Plaintiff HALIMAH ALLEN (hereinafter "Plaintiff'), by and through her attorneys, MFI
Law Group, PLLC, hereby brings this action under 42 U.S.C. 1983 to redress her civil and
legal rights, and alleges as follows:

Case 2:14-cv-07334-TJS Document 1 Filed 12/30/14 Page 5 of 23

PRELIMINARY STATEMENT
1. This is a civil rights action in which Plaintiff seeks relief for Defendants' violations of her
rights secured by the Civil Rights Act of 1871, 42 U.S.C. 1983, by the United States
Constitution, including its First, Fourth and Fourteenth Amendments, and by the laws and
Constitution of the State of Pennsylvania. Plaintiff seeks compensatory and punitive
damages, an awards of costs, interest and attorney's fees, and such other and further relief as
this Court deems just and proper.

JURISDICTION AND VENUE

2. This action arises under 42 U.S.C. 1983, and this Court has jurisdiction pursuant to 28
U.S.C. 1343 and supplemental jurisdiction over related state law claims pursuant to 28
U.S.C. 1367.
3. Venue is this District is proper under 28 U.S.C. 1391 (b) and (c) in that Defendant
UNIVERSITY OF PENNSYLVANIA POLICE DEPARTMENT (hereinafter "Defendant")
is administratively located within the Eastern District of Pennsylvania, and the events giving
rise to this claim occurred within the boundaries of the Eastern Di$trict of Pennsylvania.

PARTIES
4. At all times relevant to this action, Plaintiff is a resident of Fulton C:ounty, Georgia.
5. Defendant is and was at all times relevant herein a municipal entity created and authorized
under the laws of the State of Pennsylvania. It is authorized by law to maintain a police
department which acts as its agent in the area of law

enforc~ment

and for which it is

ultimately responsible. Defendant assumes the risks incidental to ~he maintenance of a police

Case 2:14-cv-07334-TJS Document 1 Filed 12/30/14 Page 6 of 23

force and the employment of police officers. Defendant was at all times relevant herein the
public employer of Defendant Police Officer Julia Umbrell ("Officer Umbrell") and
Defendant Police Officer John Doe ("Officer Doe").
6. Defendant Officer Umbrell is and was at all times relevant herein duly appointed and acting
officer, servant, employee, and agent of the University of Pennsylvania Police Department.
At all times relevant herein, the individual defendant was acting under color of the laws,
statutes, ordinances, regulations, policies, customs and/or usages of the State of Pennsylvania
and the University of Pennsylvania Police Department, in the course and scope of her duties
and functions as an officer.
7. Defendant Officer Doe is and was at all times relevant herein duly appointed and acting
officer, servant, employee, and agent of the University of Pennsylvania Police Department.
At all times relevant herein, the individual defendant was acting under color of the laws,
statutes, ordinances, regulations, policies, customs and/or usages of the State of Pennsylvania
and the University of Pennsylvania Police Department, in the cou,rse and scope of his duties
and functions as an officer.
8. By the conduct, acts, and omissions complained of herein, Defendant Officers Umbrell and
Doe violated clearly established the constitutional standard under the First, Fourth, and
Fourteenth Amendments to the United States Constitution of which a reasonable police
officer under the circumstances would have known.
NOTICE OF CLAIM

9. Plaintiff timely filed a Notice of Claim with the University of Pennsylvania Police
Department setting forth the facts underlying Plaintiffs claim against Defendant and Officer
Umbrell.

Case 2:14-cv-07334-TJS Document 1 Filed 12/30/14 Page 7 of 23

10. To date, Plaintiff has not received an answer nor has compnsation been offered by
Defendant in response to this claim.

FACTS

11. On or about July 27, 2013, Plaintiff was a passenger in a vehicle located near the 3100 block
of Market Street.
12. Plaintiff was asleep in the vehicle with another passenger awaiting the driver to take her to
her residence.
13. Unbeknownst to Plaintiff, the driver of the vehicle flagged down Officer Umbrell to request
assistance in getting Plaintiff to her destination since he was too inebriated to drive her home.
14. Plaintiff was suddenly awakened when Officer Umbrell reached in the vehicle and dragged
her out of the passenger side.
15. Officer Umbrell then slammed Plaintiff against the side of the vehicle, began to grab
Plaintiffs neck, and continued to punch her violently.
16. In an effort to protect herself, Plaintiff began to swing back in an attempt to get Officer
Umbrell off of her.
17. However, Officer Umbrell had radioed for back up and upon Officer Doe's arrival Plaintiff
was thrust to the ground. (See Exhibit A - Transcript from Preliminary Hearing, p. 7).
18. Immediately, Officer Doe drew his firearm pointing at Plaintiff.
19. Plaintiffs face was then slammed in to the concrete and Officer Doe shoved his knee directly
in to Plaintiffs spine while handcuffing her.
20. Subsequently, Plaintiff was taken to the 181h Police Precinct located at 5510 Pine Street,
Philadelphia, PA 19143.

Case 2:14-cv-07334-TJS Document 1 Filed 12/30/14 Page 8 of 23

21. Upon arrival, the officers noticed the extensive injuries Plaintiff Sustained and immediately
transferred her to Mercy Hospital to obtain emergent medical care for her injuries sustained
during this assault. (See Exhibit B - Mercy Hospital Medical Record).
22. Due to the assault, Plaintiff sustained significant injuries to her

fa~e,

extensive nerve damage

in her right hand, and a dislocated herniated spinal disc.

23. As a result of the aforementioned assault, Plaintiff suffers from continuous physical pain and
extensive nerve damage to entire right side of her body.
24. Currently, Plaintiff has limited mobility of her right arm and is un~ble to walk properly.
25. Plaintiffs nerve damage to her right arm causes her to experience perpetual numbing, loss of
sensation, radiating pain from her to neck through her arm, and diminished writing ability
with her dominant hand.
26. Furthermore, Plaintiffs nerve damage to her lower back and right leg prohibit her from
standing or sitting up right for long periods of time.
27. Notwithstanding, the emotional distress, fear, anxiety, and permanent loss of income.
28. The Defendant Officers had no valid basis for physically accosting and arresting Plaintiff.
29. Plaintiff did not interfere with any police activity.
30. Plaintiff did not commit any crimes on July 27, 2013.
31. All criminal charges were dismissed against Plaintiff. (See Exhibit A - Transcript from
Preliminary Hearing, p. 23).
32. Defendants' actions, and their motivation for theirs actions, were conscience shocking,
without conscious regard or due care for the Plaintiff or the foreseeable consequences of their
actions, and with such wanton and reckless disregard of the consequences as to show
Defendants' deliberate indifference to the danger of harm and injury.

Case 2:14-cv-07334-TJS Document 1 Filed 12/30/14 Page 9 of 23

33. As a direct and proximate cause of Defendants' actions and inactjons, Plaintiff suffered and
continues to suffer deprivation of her rights, fear, horror, loss

o~

liberty, grievous physical

injuries, and the loss of the enjoyment oflife, all to their great detriment and loss.
34. As a direct and proximate cause of Defendants' actions and inactions, Plaintiff suffered and
was made to undergo great physical pain and horrible mental anguish requiring medical
treatment, as well as loss of earning power and earning potential,i all to her great detriment,
financial detriment and personal loss.
35. Plaintiffs serious injuries were a foreseeable and direct result of t)le actions and inactions of
all Defendants.
36. Defendants' violated Plaintiffs clearly established and well settled federal constitutional
rights, including but not limited to her freedom to assemble, her right to substantive due
process, liberty, personal security, her right to be free from unre11sonable seizures, and her
right to be free from the use of excessive, unreasonable and unjust~fied force.
37. The Defendants have with deliberate indifference, failed to be adequately trained and
supervised concerning the proper provision of medical care to injured suspects, and the
injuries to Plaintiff were caused by, and were foreseeable consequences of such failures.
38. In addition, the Constitutional violations suffered by Plaintiff wer'? the result of the failure to
properly train and supervise the officers with regard to the proper methods of ascertaining
whether a citizen was engaging in possible criminal activity and executing an arrest of the
aforementioned citizen.
COUNT ONE
FOURTH AMENDMENT- UNLAWFUL SEARCH AND SEIZURE,
EXCESSIVE FORCE
Plaintiff v. Defendants, 42 U.S.C. 1983.

39. The foregoing paragraphs are incorporated herein by reference.

Case 2:14-cv-07334-TJS Document 1 Filed 12/30/14 Page 10 of 23

40. As a direct and proximate result of Defendants' actions, more pafticularly described above,
Plaintiffs rights protected under the Fourth Amendment to be free from unreasonable search
and seizure and to be free from the use of excessive force were violated and she suffered
grievous bodily injury including but not limited to: nerve damage, facial lacerations, neck
injury, back injury, and shoulder injury.
41. Defendants subjected Plaintiff to these deprivations of rights unreasonably, intentionally,

willfully, maliciously, with deliberate indifference and/or with a reckless disregard for the
natural and probable consequences of their acts, and was done without lawful justification or
reason, and was designed to and did cause specific and serious physical and emotional pain
and suffering in violation of Plaintiffs rights as guaranteed under 42 U.S.C. 1983 and the
Fourth Amendment to the United States Constitution.
42. Plaintiff in this action is a citizen of the United States and all of the individual police officer
Defendants to this claim are persons for purposes of 42 U.S.C. 1983.
43. As a direct and proximate result of the acts and omissions of Defendants, Plaintiff suffered
damages as set forth above and deprivations of her rights

an~

liberty interest at great

detriment.
44. Solely as a result of Defendants' conduct, Plaintiff suffered

sub~tantial

damages, including

costs of this suit.

COUNT TWO
FOURTEENTH AMENDMENT- SUBSTANTIVE DlTE PROCESS
Plaintiffv. Defendants, 42 U.S.C. 1983

45. The foregoing paragraphs are incorporated herein by reference.

46. As a direct and proximate result of Defendants' action, more particularly described above,
Plaintiffs substantive due process rights protected under the Fourteenth Amendment were

Case 2:14-cv-07334-TJS Document 1 Filed 12/30/14 Page 11 of 23

violated and she suffered grievous bodily injury, including but not limited to: nerve damage,
facial lacerations, neck injury, back injury, and shoulder injury.
47. Defendants subjected Plaintiff to these deprivations of rights upreasonably, intentionally,
willfully, maliciously, with deliberate indifference and/or with a; reckless disregard for the
natural and probable consequences of their acts, and was done

wi~hout

lawful justification or

reason, and was designed to and did cause specific and serious physical and emotional pain
and suffering in violation of Plaintiffs rights as guaranteed under 42 U.S.C. 1983 and the
Fourteenth Amendment to the United States Constitution.
48. As a direct and proximate result of the acts and omissions of Defendants, Plaintiff suffered
damages as set forth above and deprivations of her rights an,d liberty interest at great
detriment.
WHEREFORE, Plaintiff demands judgment against Defendants for all available damages,

including punitive damages, in addition to attorney fees and

cos~s

pursuant to 42 U.S.C.

1988.
JURY TRIAL DEMANDED

Pursuant to F.R.C.P.38, a trial by jury is demanded.

By:~

Mu'miq. F. Islam (ID. No. 208979)

1448 South Street, Ste. 200
Philadelphia, PA 19146
(215) 735-2357
1

Case 2:14-cv-07334-TJS Document 1 Filed 12/30/14 Page 12 of 23

VERIFICATION
I, Halimah Allen, hereby verify that I am the Plaintiff in the attached Cpmplaint, and that the
facts set forth herein are true and correct to the best of my knowledge, ~nformation and belief. I
understand that false statements made herein are subject to the penaltie~ of the 18 PA C.S.
'

4904, relating to unswom falsification to authorities.

Date: }~ -2}-- Jtf

Halimah Allen

Case 2:14-cv-07334-TJS Document 1 Filed 12/30/14 Page 13 of 23

EXHIBIT "A"

Case 2:14-cv-07334-TJS Document 1 Filed 12/30/14 Page 14 of 23

First Judicial District of Pernnsylvania

51CR002914220! 3
Halimah Allen

Preliminary Hearing Volume 1

August 12, 2013

Court Re-porting Systc-m

First Judicial District of Pe - . _-,.' - ~:

100 South Broad Street, Second Floor
Philadelphia, PA 191 JO
(215) 683-8000 FAX:(2 l 5) 683-8005

Originul Fil<' ALl.ENJ!. rJ. N f'a)[es

CRS Catalo)[ ID: 13 i 2!182r>

i
L.

... (),,:';
"""'

, r .

..

Case 2:14-cv-07334-TJS Document 1 Filed 12/30/14 Page 15 of 23

51CR00291~22013

Preliminary Hearing Volume I

August 12, 2013

Halimah Allen
Page 1

IN THE MUNICIPAL COURT OF PHILADHPHiA

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

[1]
[2]

CRIMINAL TRIAL DMSION

[31

Page 2

[1]
[2J

[4)

[:]
[5]
[6j

[5]

[G] COMMONWEAL TH
f7l VS.
: MC-5!-CR-0029142-2013
[o] HALJMAH ALLEN

[!l]

ft1]

[10]

{iO]

PRELIMINARY HEARING
AUGUST 12, 2013

P2J

BILI. FR!TZE. E~QUIRE

/\SS!ST/\NT DlS1fRICT /\. TTORNEY
FOR THF. COMYjON\VEAL TH

[7]

fB]
[11 J

APPEARANCES:

[3)

[111

TROY CRICHTON, ESQli1RE

Pl.iBLIC DEFENDERS /\SSOCIATTON
FOR THE DEFENDANT

1121

[1:3]

CRIMINAL JUSTICE CENTER

COURTROOM 703
PHILADELPHIA, PENNSYLVANIA

{14J

[15]

pr;]

[15J
[16}

f17l
!"BJ

[ 17]

l1ii]

[HJ]

(HJ
[:'DJ

THE HONOR.ABLE MARVIN L. WILLIAMS, J.

BEFORE:

['.:1j

[20]

[21]

[22]

[22]

[2'.l]

[23]

~I
125]

GARY PASTER- COURT REPORTER - 215-683-8024

[25]

Page3

f-N-D-E-X

[1]

Page 4
[1]

l<'l

[2]

[3]

[3]

DIR CRO REDIR RECRO

f"! WITNESS
[5}

{4]

bl

[i\] PIO JULI/\ UMBRELL

5 8

{GI

[i'J

[7J

[I']

!<>]

[9]

{(lJ

110]

(rOJ

[11]

THE COURT .OFFICER: Your Honor, we

arc ready o:i 2 I, H:alimah Allen.

EXHIBJTS

MR. FRITZE: 1Commonwcalth calls

Office:- Cmbrcll.

[11]

[12]

[13JNO.

(Whereupon all v..itncsses were

sequestered.)

[12]

DESCRIPTION

PAGE

i13I

[14J

[14J

[1t.J (No exhibits were marked.)

[1~]

[18]

[16!

[F]

~17]

[181

[i8]
[19J

(Police Of'!iccr JCLIA UMBRELL,

U-M-B-R-E-L-l.. !University of Pennsylvania Police
Dcp3rtmcnt. Bad&c Number l 80. after tirst having
been duly sworn was examined and tcstiticd as
follow$.)

['.!2j
[23]

[24]
[2~]

Gary Paster, O.C.R

Court Reporting System

1 (page 14)

Case 2:14-cv-07334-TJS Document 1 Filed 12/30/14 Page 16 of 23

Preliminary Hearing Volume 1

51CR00291'422013
Halimah Allen

August 12, 2013

Page 5

UMBRELL - DIRECT

[1]
[2)
[3J

BY MR. FRITZE:

Officer Umbrell, were you on duty on July 27th of

2013 at around I :55 in the morning?
[6] A. Yes, I was.
[7] Q. Did your tour of duty that day take you to 3100
[4] Q.

[SJ

At thu: point I approached the car. I saw

{2] the defendan:: sitting in the passengers side on the lap

[3] of anothe~ :nak:. r 0pen:ed the car door. I asked her to
[4] step out of the veh'.de. )Ste did step out of the
[51 vehicle. '. eskcc ;;-:;; -,-"h~< was going on? I stated that
[6] the drive~ said f:e :;;:; no~ know her. She said yJ_s.-he
[7] docs know me. .
..---,;
-~/
(8]
Si1e !::cga; to scrc~,rlL There was a ~t.!".ons.,
[9] odor of alcohol.o:' :1e! breath. As she c911finueq go
[10] she started pohti:og i:i.by face~ contip~ed screUipg. I
[11] really was no: ':::ce;-3tahding a\whote tot of,wh~he was
'
-
[12] saying.
[13]
At th2: p::::ir.t l had asked her to step to
[14] the back of the vc'.1ide. It was on Chestnut Street and
[15] the lanes arc prc,ty :1antow. For her safety and mine I
[16] wanted her to stec> to th:c back of the vehicle.
[17]
At <hat ~oint
started pointing in my
(18] face again. She ttnCled 1arou9d to reenter the vehicle and
[19] said fuck this b'.tc:1.
(20]
At that point I ~rabbed her by her arm. I
[21] told her get out of the car. She swung at me.
f22] Q. Did she connect when she swung a;..,~')
[23] A. She did. She knocked my glass~ off
/
[24] Q. Did she hit Y'Ju with an open fist {r s,W" d palm~
[25] A. Closed fist. At that point a s~~~ued. She

v-

[8J Chestnut Street in the City and County of Philadelphia?

tf/

f9J A. Yes, it did.

On that date and time did you come into contact with
[11] anyone that you see here today?
[12] A. Yes, I did, the defendant.
[13]
MR. FRITZE: Your Honor, for the record the
[14]
officer has identified the defendant, Halimah
[If>]
Allen, at the bar of court by point of finger.
[10] Q.

[16]

Page 6
[1]

BY MR. FRITZE:

Officer Umbrell, can you tell the Court what if

anything occurred on that date and time?
I19] A. Yes, I was enforcing traffic at 3 I 00 Market. A male
[20]. had approached me and stated that there was a highly
[21] intoxicated female that was in his car and he did not
[22) know her.
[23]
At that point I radioed that I had a
[24] disturbance, that I needed other vehicle to come back me
(25) up.
[17] Q.
[18]

she

Page 8

Page7

me approximately three to four times. I struck

[21 her back with a closed fist.
!3)
At that point my backup assisted me. We
[4] continued to struggle with her. At that point we took
[5] her to the ground. At that point she was still
[6] struggling. We handcuffed her. She was still resisting,
[7] kicking and trying to flail her elbows, trying to get
[8] up. She was still acting erratically.
[9]
At that point we escorted her to the
{1OJ wagon. She spit on the male that stated he did not know

(10]

[11] her, whos~_yg__~

Hh
;~~n. And she'. also spit at
[12] one of the...poJ!Ee offic 'f~t it did
ike him.

(12]

[ 1J struck

y iQ'.iuries ~ re~;dlt of the

/
./'~,.,.
[ 15] A. I had a cut knucklf an9" sc pc
my arm.
(16] Q. Did you miss any. time fro. ork?
'
"
[17J A. I did not.
~....._,/'"
[18] Q. Did you finish your shift that night?
[19) A. I did.
[20]
Did anyone in that vehicle know the defendant?
{21! A. They stated no that they didn't.
[22J
And at one point she was screaming that the
[23} car was a rental and that there was drugs in the car and
[2.:lJ there's guns in the car.
{25]
The vehicle was run. It did come back to
[131 Q.

Did yo~

[14) incident?

a.

Gary Paster, O.C.R

[1] the driver of~hct vd:ic], r.ot a rental.

(2]

MR. FR\TZE.: 'your Honor, no further

[3]

questions.

[4]

T!-iE COURT: I'm a little bit confused.

You were do in!,? what type of investigation?
THE WiTNESS: I was enforcing traffic
because it is ::-Jikey's Bar, it was five minutes
to two. We've hacl problems with the traffic.
r was actua:Jy ~arked in a parking lot when
the maic approached me and stated can you get
this female out of!my vehicle. I don't know her.
She just hopped if! my vehicle.
THE COURT: Defense.
MR. C~UCHTON: Thank you.

[5]
[6]

[7]
[8]

[9]
[11]
[13]
[14]
[15)
(16]

[17]
[18]

[HJ]

(20]

UMBRELL - CROSS

[21]

(22]

[23] BY MR. CRi;CHTCN:

[24] Q. Officer Umbrc!l, a!j you just stc ,d the bar jusi let
(25] out, correct?
0

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S1CR00291422013
Halimah Allen

Preliminary Hearing Volume 1

August 12, 2013
Page 10

Page 9
[1) A.

Well, it was getting ready to let out. It was five

[1]

[2] of two.

A. 1 attemf)ted w :1ave a conversation with her, yes.

And durh;g c::'~ ::::niversation she told you she was

from New Jersey?
[4)
;'\:iR. :=:::;:-::=: Objection, relevance.
15]
'.l-:E CC'...."?:T:; i ::eed to get to the bottom of
[2] Q.

This is Mikey's Bar over there at 32nd and Chestnut?

(4) A. Correct.
[SJ Q. And the car was parked on the side of the street in
[61 close proximity to the bar?
[7] A. Whose car, sir?
!SJ Q. The car that you were investigating?
\9] A. Yes, it was parked in a parking spot.
[10] Q. Now, when you first came over to the vehicle you
[ 11 J said that my client was sitting on another males lap?
(12] A. Correct.
(13] Q. That other male did you ask him any questions?
[14] A. As I was speaking to the defendant everything she
[15] said he kept shaking his head no.
[16) Q. You said that you opened the car door, correct?
[17JA. Yes.
[18) Q. And you asked her to step out of the car?
[19JA. Yes.
[20] Q. And she wouldn't get out at that point?
[21] A. No, she did get out.
1221 Q. She got out of the vehicle?
[23] A. Yes.
[24] Q. Then you said that you and her started having a
(25] conversation?
13] Q.

f3]

[6]

this. i'E a:;o,-.. ::.

[7]
[81

she lived in : ::os::y.

Tr: V1f;7~2S!S:; don't recall that she said

l9J BY MR.

CR!C'.iT':':'~:

So, you do:-'~ recall he; telling you that she is

[11] from New jcrs.::y o:::d ~)-;r:.t this is her boyfriend?
[12) A. She 1~1ay h.::'1c. ;: askcc her did she know him? She
[13] said yes. de S<'.i'~ : ~on)t know her. I was basically
[14] trying to talk to her to fi1'.d out what was going on but
[15] she did not allcw .J<i.i.
{16J Q. So at this pc- 0:.i! ;;hen you are outside of the vehicle
{17] you said s!1e t':.:-i!S <.::d gozs to go back in the vehicle?
[18] A. AnC: says frc:<. :::1is i:jitch.
[19] Q. At ti:a.: po:.n;: l:ic :;:;erson who came and got you are
(20] they back i;:, the c:.:vc!fi seat at this point?
[21] A. ! do1~'t bciievc so. They were on the drivers side
[22] because the other officer had asked for ID.
[23}
THE -~CURT: \Vhen you say other officer are
[24}
you talki;ig <"cout:-(25]
THE crrc-Ni=S.S: My backup.
[10] Q.

Page 12

Page 11

THE COURT: A Philadelphia Police Officer

[2]
or a University of Penn Police Officer.
31
THE WITNESS: A University of Penn Police
[4]
Officer.
[SJ BY MR. CRICHTON:
[6) Q. So. now just to be clear Ms. Allen is outside the
(7) vehicle. Your partner has arrived. The driver is
(SJ outside of the vehicle, as well?
[9) A. They were both on the other side of the vehicle.
[1 OJ Q. Where is the male who is sitting in the passengers
[11) scat?
[12] A. He is still sitting there.
[13] Q. And the conversation that you are having with Ms.
(14) Allen is taking place on the sidewalk by the passenger's
(15] seat?
[t6JA. No.
(17] Q. It is taking place on the street side?
[18] A. Yes.
[19] Q. So, at that point she said fuck this bitch and turns
(201 to get back in the car?
{21] A. After I asked her to step to the back of the vehicle
[22] so we can speak.
[23] Q. At that point she turns to leave and you grabbed her
[241 wrist?
[25) A. No, she was reentering the vehicle.
[1J

Gary Paster, O.C.R

{1] Q.

In the back de::;:, tl:,e d!-ivers side back door?

[2] A. No, the fror.t C..::cr.

[3] Q. The drivers s:b or tJUSscngers side?
[4] A. The passenger~ sid front of the vehicle she was

[5] reentering whc::e she hal~ originally got out.

So, at foat pcir;t yolfl grabbed her?
!71 A. I grabbed her by he~ ann.
[8] Q. Then you ;x:.:'cd her back out of the car?
[9] A. As she was reo;nt?ri::;g, yes.
[10] Q. And that is w::c:i she swung on you?
[11] A. She swung at me, yes.
[12] Q. And you sa'.d sI'.e s~ruck you in the face?
[13] A. On my side. yes, knocked my glasses off.
[14] Q. Were your glasses 1broken?
[15) A. They were sc:-atchd.
[16] Q. Your backup officr that came was that person a male
(17] or a female?
(18) A. It was a 1::-ia;c.
[19] Q. When this fignt tb~t you described occurred -[20] strike that.
[21]
Then officer. s~ortly thereafter Ms. Allen
[22) was taken to the ground, correct?
[23] A. Yes, after the stmgglt!.
[24] Q. And she was :flailing around on the ground but she
[25] was eventually ha"1tlcuffed'?
{6] Q.

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----

.....

---. --------

51CR00291422013
Halimah Allen

Preliminary Hearing Volume 1

August 12, 2013
Page 13

[1JA. Yes.
[2] Q. You said that she had spit at who we'll call the
[3] complainant, the person who came and got you?
(4] A. Yes, the reporting person, yes.
[5] Q. And you said that she also spit in the direction of
[6] the other officer but it did not -[7] A. Right.
[8J Q. So no spit landed on the officer?
[9) A. No, he stepped out of the way.
[10] Q. Was she taken to the hospital?
[11 J A. I believe she was.
[12] Q. You yourself you said that you sustained -- you had
[13) an abrasion on your arm?
[14] A. Yes.
[15] Q. You did not go to the hospital?
[1GJA. No.
f17J Q. You did not miss any time from work?
[18JA. No.
[19]
MR. CRICHTON: I have no further questions.
[20)
MR. FRITZE: Nothing further, Your Honor.
[21]
THE COURT: I have a question.
[22]
What was she being investigated for or in
(23]
custody for and did you ever call Philadelphia
{24]
Police?
[251
THE WITNESS: Did I call Philadelphia

Page 14
(1]
[2]

Po!ice?
T;-;~

c::'.:?.7: Dici anybody ever call

[3]

(4]
[5)

[6]
[7]

[8)
[9]
[10]
[11]
(12]
[13]

THE;; 'iT:;:;Sj$: No -- r don't understand why?

;-..:;~;:; ~=-~.:~- -- our sector, our
jurisdictk.: ~-.::;;> i~C'.''' 30th Street to 43rd,
Vv'"ooc.Ue.n~. ~ f:~1 :--~y~i~ltcn.
THE ::: : ;"::;-:: A:'d that is for what, though?
This '-Vfl.S a:; '-:-:vcs~igation for what?
THE '.r,'.~ ..',:=;3$: :-his was an investigation to
find ou~ -,v:1~., -Nas, go'::ig on. Someone was in a
veh;cle t'.2:; {i;'. :1Gt b-;iong there.
THE :<::-_:;:T, /\nd Philadelphia Police was

My seccO'

(14]

never ca:.1c:t.

[15J

THE ~r-r-:-.::22S: ~o, we don't call Philadelphia

Pol;cc. '.iba;,, :::t:r Jurisdiction.
THE CCC:-=:T: I sec.
,.\ ny':!-:: '.'".: '=-_c:-:r:~=.
i'nR. ;=p::.,...z:=::! Nothing further. Your Honor.
C0!!1111cn".vcaltl: would rest.

[16)
[17]
[18]
[19]

[20)
[21]

[22}
[23}

[24]
[25]

Page 15
[1)

MR. CRICHTON: No evidence.

Page 16
[1]

[2]

Just argument, Your Honor. .

[2]

[3]

THE COURT: And while argwnent is being

[3]

[4)

given I want the Commonwealth to address in this

kind of situation or any kind of situation I
want the Commonwealth to address the policing
powers.
Go ahead.

[4]

{5]
[6!

[7)
[8]

[5]
(6]

[7]

[8]

[9]

[9]

[10]

(10]

[11]

(ARGUMENT)

[12]

[12]

[13]

[141
[15]
[16)
[17]

[18]
[19]

[20]

[211

[22]
(23]

[24]
[25]

[11]
[13]

MR. CRICHTON: Well, Your Honor, with

regards to that aggravated assault and the
resisting arrest here I argue that there is -well, first of all with regards to the
aggravated assault. The officer did not sustain
any injuries. She said she was struck in the
face but there were no injuries to her face. She
had a scrape on her ann presumably from taking
my client to the ground and subduing her.
She did not go to the hospital. She did
not miss any time from work. She did not even
have a bruise on her face. Her glasses were

Gary Paster, O.C.R

!14]
[15]
[16]
{17]
[18)
[19J

[20]
[21]

(22!
[23]

[24j

[25]

scraped. T'.;;:~~cr-:; ~here was no bodily injury

in t]1is m2.t'.er. Task that the ag assault be
dischargcc.
:n the sa:l'..C 'Jz.ii the resisting a1Test, Your
Honor, tb ''~s':<'.ing arrest requires a lawful
arrest. )r: this :1:at'.cr there has been no lawful
arrest.
There's im <;;gu;;1cn: happening outside of a
bar betwe-~:1 jY::cplc -;;ho despite what they say
con;mon s,~_--:sc says :hey know each other. When
the cfflce7 c:-;:,1cs ::.!p to the vehicle my client is
sittini;: on sc;-;:eo;;c's lap in the vehicle.
They're a~;~:in~, frcy're yelling. She goes
to go back in ti~c ;)chicle and says -- they have
this con.vc;rs<:::'.cn. She turns to leave.
For wh::.'. ia.:nl.;i ;:rrest; I don't know.
There's b~~1 "'~
:!er:ce of a lawful arrest
here. Ar.d th:;~cfocc the resisting arrest charge
1nust a!so Oc C.isrn~ssed.
MR. ?R:'TZE:jYo~r Honor, as for the police
power of the L'ni~ersity of Penn they have the
same exac: ;:;:-i:'.ciryg power as the Philadelphia
Police Depc:.:-tment. ;ust like Septa, just like
Ternple U=i[versity they all have certain
geographic w~as where they are assigned and

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Case 2:14-cv-07334-TJS Document 1 Filed 12/30/14 Page 19 of 23

Preliminary Hearing Volume t
August 12, 2013

5ICR0029'4.22013
Halimah Allen

Page 18

Page 17
[1]
[2]
[3]
[4]

[5]
(6]

[7]

[8]

[91
[101
[11 J

[12)
[13]

[14]
[15]

[16]

[17]
[18]
[19)

[20J
(21]
[22]

[23]
[24]
[25]

they have the same exact powers. They are a

police department. They have a detective agency
and they have everything. They work in tandem
with Philadelphia Police.
But many times out of the 18th District,
that is what you are going to see the University
of Penn because they cover such a large area.
So, their police department is just the
same. They have the same rights, same privileges
as any other Philadelphia Police Department.
As far as the aggravated assault here, Your
Honor, the officer is a protected class because
she is a police officer.
So, all that is required at a preliminary
hearing stage and per the statute is that some
bodily injury is caused, a simple assault is
cause to a police officer. That is what we have
here.
THE COURT: I'm a little bit confused as to
what crime was committed for the officer to
touch her and to place her under arrest. That's
what I'm looking for.
MR. FRITZE: A citizen came to her and said
a woman I don't know is in my car. I need you
to come and remove this person from my car.

[1J

That ~he;.; g.r. ~ :,1e: 'd': z.bility because she is

[2]

helping ~r:e ;:;.;'.-;<1i1 ,;ho does not know the

defc::dant ::c: 6C.;. tlt:zt ~eison out of his
p!"'.)pcrty.
Ti1efs \''~:; ;>:;: :1~S ::1e ability to go and to
investig?..'.; ~:.'. :~ ,;;.( t:1:; person out of the car.
Tb~'' is.-/:;.:-:-~:::~~ ::1?.t civilian there to talk
to hi'T' ':s ;~::;~:::~:.:.";.,..:::-mew the woman. I
askcC:. rte:- ::::>::. z.::y'::cdy in that car know that
per50;-i" ::< c. : ~::::,:::y in the car kne'.'; .ne pcTson.
So. ':i-;c::; :;y.~hc :1ad the ab:':,y to go to

[3]
[4]
[5]

[6]
[7)
[8]

[9]

[10]
[11]

[12]

She c:~:::.'':~;y :a: ::1::.t r-:.1t had more- .hen

(13]
[14]

erJ<::agh

[15]

because<"~:: ::>:: ~:;::0: :

[16]

be in the ,-.2:-=
~
beca.':se :--
'

(171

F'Jc~b:c C<:'.i.:S' .)
0

probably i:..;;:ke an arrest

did not hav .: pcnnission to
was not .mrged with that
.. ,,. r' r; did on the

. _ ""' mat she resisted

(18)

[19)

[20]
[21]
[22]
[23]
[24]

[25]

8::cc yo: 7:.:<ch c: police officer you arc

obviouls:' 31.'::g fo be placed under arrest. You
are z.ssa~1l~'":t: 2.n ?rfccr. But, there was enough
there, CD'.l'':~.' ;r-::::iao;c cause there to arrest her
for being =~ "'-''"':'~ '.lr:c else's vehicle at that
pOi:1t.

Page 19
[1)

[2)

[3]
(4]
[5]

j6]
(7]

[8]
[9]
[10]

[11]
[12]

[13]
[14]
{15]
[16]

(17]
[18]
[19]

[20]

!21]
[22]
[23)

[24)
[25]

So, that is why she had that power to

arrest.
But, it really came down the that civilian
saying there is a person in the front seat of my
car that I don't know. Can you come get them out
of there and that is why she went over there.
Otherwise she was just conducting traffic doing
what she needed to do because she was pulled
into it by that civilian.
Then the defendant escalated everything by
punching her not once but five or six times,
spitting at the other officer and spitting at
the civilian.
So, Your Honor, because of the bodily
injury that we have, the officer is a protected
class, we ask that you hold it on the F-2
aggravated assault.
MR. CRICHTON: Your Honor, briefly, then you
are going to have to wonder why that complaining
witness is not here today and why she is not
charged with the underlying charge of trespass
or I don't now what the charge is for breaking
into someone's car.
THE COURT: I was looking for an underlining
charge because everything relates to the officer

Gary Paster, O.C.R

Page 20

[12J

and '.!c: tc t:~: ':1i~~a: :;:vestigation at all.

\\Ft :=:::.::::=: r::.:ght, and Your Honor, it comes
dowc: tc :i:-.c..~ e>c'.r office felt was appropriate to
charge. -..:.:: :'.c;:\ ;-,cec to charge someone with
every si;-,.;:;;; ~~i:-nc '.hc.r they committed day.
And fc.;:- t;.,;:;: pa1r;ic-.i'.ar matter I think the
victim was j ::~: h.s.i;::py to have the defendant out
of her car.
A11d ;::-;..:~:.: CU~'of'f;::c probably would not
han arrc.;:c' ''.' biu:l thc defendant just gotten
out of the c&: ~'lC :.c:"t. The police department
probr.1:J:y ;.".;.:!C n=.~: ::ave arrested and she

[13]

'-Vo...=~d!l'~ ;~.=?.,:c 1.:G:r:'J :~1argcd.

[14J

[18]

T:-r;;: :::C.';?.T: ; go to the initial issue which

was ~nc :i~v:.::s~igaf-io;:. I saw no charge al
i:.!L !di. 0LI':; is jt:st pertaining to the
officer ar'.:'. i':~ :ooki:ig for initial charges of
either tr(;s;n::::;; o~1somcthing and r saw nothing

[19]

here.

[1]

[2]
[3]
[4]

[5]
[6]
[7]

[8]
[9]
[10]
[11]

[15]
[16)

[17)

[20]
[21]
[22]
[23)

[24)
[25)

Th2.~

0\17::\.

13 -..-,..I-;:,/ I an~ questioning.

::':\.;~-zEi :: !$just they decided not to

charge. 1\'ld it cculd be maybe perhaps the

wi~ncss C.:d ;;:;'. v-.la!lt tn charge and our office
declined to c~1a:gp, too.
But ti~erc ;s still a crime that occurred
afterwards w;:h the aggravated assault, with the

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51CR00291~22013

Preliminary Hearing Volume l

August 12, 2013

Halimah All~n-

Page 21
[1]
(2]

[SJ
[4]
(5]

[6)
[7]

[8]
(9]
(10]

[11]

[12]

[13]
[14]

{15J
[16]
(171
(18]
(19]
[20]
(21]
(22]
[23]
(24]
[25]

resisting.
Your Honor, she was charged with disorderly
conduct. She was also charged with recklessly
endangering another person. And I would say
that kind of flows into it.
THE COURT: You got to leapfrog here from
the initial charge --1'11 take you through it.
The initial charge an investigation. You have
all of this going on and then absolutely nothing
and everything is pertinent to the officer only
and nothing about the investigation or nothing.
MR. FRITZE: Your Honor, for a vehicle you
can't charge trespass on a vehicle. We had this
last week with Judge Simmons.
THE COURT: Well, what could she have
charged then?
MR. FRITZE: You could have charged
attempted theft - no, you can't even charge
attempted theft because she has to have the
intent to go in there and take the vehicle. We
don't know what she was doing but she was in
someone's property she was not suppose to be in.
YOU can charge criminal trespass if you
live in a motor home. There has to be some sort
of --

Page 22
[1]
[2]
[3]
[4]

[5]

[6]

[7]
[8]

[9]
(10]
[11]

[12]
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(15]
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(19]
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t gets :cz, :co~e, doesn't it?

!V'R. F:=E-;"Z.2: 'Which is why she probably
w01.i;dn't have beep arrested. Had she gotten out
of the car -THE CC~: :r;-, .00 you see my point?
~:1?.. f;:;-:-::=.: :Ead she gotten out of the car
and said oh, c;.:ay,: sorry. I was in somebody
else's cc:r.
T:-IE c:;-..;:::;;-;-: --: c:.:. see something that started
with ncthi:1g end a:J of a sudden I see major
charges h:::r: a_;id l am saying where is the
mid.die.
MR. FR,.'.TZ:S:: Right, and that is the
problen :;~:-problem is we wouldn't have
chargl!d h::r. St.c wo:.:idn't have been charged
\Vith anytt:;:_;.
THE c:c_:f\T:: \ii/c arc discussing this so there
can be a r::c~::--d sc p::oplc can see what the Court
is qucstiG:: i :~ ,g.
:l!R. ~R7:::E: ~ight, but there wouldn't have
been an i2it'..z.1 ch~rgc to charge her with. It is
just that she was ~cid by a police officer get
out ofth:s ca~. th owner of this vehicle says
that they i<:>0' know you. Let me investigate and
figure cut what isi going on.

Page23
[1)

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[3]
[4]

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She starts screaming, she starts punching,

she starts spitting. That is why she is charged
with what she is charged with.
THE COURT: All charges are dismissed.
MR. CRICHTON: Thank you, Your Honor.

[6)
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(HEARING CONCLUDED)

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Page 24
[1]

C-E-F~-;:'-I-f-I-C-A-T-E

[2]
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I HEREBY CERTIFY THAT THE PROCEEDINGS

(4]

[5]

AND EVIDENCt: A'.-\f. CONTAINED FULLY AND ACCURATELY IN

[6]

THE NOTES TAKEN IB Y ME ON THE TRIAL OF THE ABOVE

[7]

CAUS!>, A;>.;D THIS COPy !SA CORRECT TRANSCRIPT OF THE

[8]

SAME.

[9]

[10]

(10]

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GAR~

(12]

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CO::JRT REPORTER

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PA5TER

[19)

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(THE FOREGOING CERTIFICATION

OF THIS TRANSCRIPT DOES NOT APPLY TO ANY
REPRODUCTION OF:THE SAME BY ANY MEANS UNLESS

[20]

[20]

UNDER THE D'.RF.Cli CONTROL AND/OR SUPERVISION

[21]

[21)

OF THE CER'::-=FY!NG REPORTER.)

[22}

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Court R.eportmg Systen {G-;nerated 2013/12/1$ 13:12:241

Gary Paster, O.C.R

Court Reporting System

6 (page 21 24)

Case 2:14-cv-07334-TJS Document 1 Filed 12/30/14 Page 21 of 23

EXHIBIT "B"

Case 2:14-cv-07334-TJS Document

23 l I
P. 11'
.., . 2I 'J"'7
?AX 1No. Filed 12/30/14 Page 22 of

MAR/25/ZJ'.4/TUE C2:41 PM

PAGE 3

01/29/2014 2:44:25 PM -0500 FAXCOM

Allen, Halim.ah

oon: s11!!I19ss r-24

MERCY PHILADELPHIA

W:!Ht: 54.4 Kl{ 160 cm

Mt:dRt'c: ~looOb.50017
Acctl'\"m: j'Al3011036.5~

PRIMARY
- - - - - - - - - - - - - - - - - - - l:'lltlt!ttlDP-lll

Complaint: (PC) KNF.E HIGH

'l'riagc 'l'imt!: Sat Jul V, 2013 03:29
UrgenL'Y: RS14
Bed: ED ElJ

KD Atkndtng: Swisher, fylD, l.-0ice

Prfma.ry RN: Womack, RN, r ..11ta,.ha

l'nldal Vital Stgn.i: 7/J.7/'2Dl3 03:27

:R: U! (Non-labored)

BP: 132187 {Sittini)

P:97 (Sitting)
01. sat:98.on Room Air

T:98..4 (Oral)
Paln:S (Ai;hy)

ADMIK
PATIF.NT nATA CHANGF.: Primary l'\uri;e changed from (none) to Latasha Womacl:,RX
~OJ)Jll~

ADT 945I123 by W.te1:face

DF.MOGRAPHlCS:
Home Phone: (215)000-0000
Wodc Pbo:ie: (000)000-0000
PatientSb.-eet:61 W SHARPNACK ST
Patient Sll:eet 2:

Patient City: PlilLADELPHIA

Patient State: PA
1'ext of Kln:
Kext of Kin Rel..ltiou:

t-;exr. of Kin Home Pl10ne:

!\ext of Kln Work Phone:. :01,">;
J\08945l123 by Tnterface, l'b.one: (2 l5)000-0000, Payment: (none), Race: AFRICAN
AMFJHCA NIRT .ACT, 7.ip C'.ode: 19119, SS'.'l: 17670447 l, PCP Docklt":!Jnknown nrictnl', Ethnicity:
(none).

(mo36)

ADT 945 l l28 by Intelface

DR!VIOGRAPmrk":
Home Pb.one: (2!5}000-0000
Work I'honc: (000)000-0000

Patient Slrnet: 61 W SHA RPN AC:K ST

Patient Sn:eet 2:
f'atient City: PHILl\DELPEIA
PatientSune: PA
!\ext of Kin:
Kext of Kio Relation:
!'\ext of Kin H~me Phone:
_!l:ext of Kfo Work Phone:. :mn

ADT 945i130 by Interface

T>RMOGRAPITTCS:

Home Pilone: (215)0000000

Wol"'.k Phone: (000)0(1()-0000

Pinienr.S1reet: 61 \",' SHARPNAC:K ST
Patier.t Sb:eet ::1~

r.ttieu City: PHil.!\DELPHfA

PatientSl.ine: PA
?\ext of Kin:
!'\ext of Kln Relation:
!'ext. of Kin Home Phone;
!'\'ext of Kin \Vork Phone'..

(OU':

ADT 945J146 by Inte1face

DFlMOGRAPIHCS:
Home Phone: (215)000-0000

Work Phone: (000)000-0000

l'rcrorcn: ~At .11112?, 201:< 07:111 ny l'RJ"' I <>fS
Docume111lloa of pa1ien1 dala chang<=proider rnnhu:1 datc/1;,,,.,. Patient c.ro:>Dtt:UIIlClllalion:Time stzn1ps my not ,.,fk<:t lime can: p.tl"Jtdcd.

OF 17

Document
P. 23
C'.3/:J27
YAX1 Mo.Filed 12/30/14 Page 23 of
MAR/25/28'.4/TUE Case
02:41 2:14-cv-07334-TJS
PM
PAGE 4

Ol/ZS/2014 2:44:25 PM -0500 FAXCOM

Allen. a.nmah

DOD: 8/1811988 F24

WI/Ht; 54.4 Kg 160 cm.
MwR= fl'tf0006.'i0017
AcctKt111': PA13011036S9

MERCY PHILADELPIDA
PRIMARY
Patic~t S11eet: 61 W SHA RPNAC:K ST
Patient Street 2:

Patient Cny ! PHil,ADELl'Hli\.

Patient S~te: PA
Kext o-: Kin;
Kext of Klu Relation:
Ke-xr. of Kin Home Phone:
r-.e:x.t of Kin \\'od,- Phone:. r.01:la:
Attending chan~d from (uone) to Loice Swisher, l\rID. "'1,)c.~w1,

VITAL SIGNS tsnJ-,1i1,:io:iro,:<1mEi

VIL1L SIGNS: BP: 132187 (Sitting), I"ulse: 97 (Sitting), Resp: I & (Xou-labored), Temp: 9&.4
(Ornl), J>ain: R (Achy}. 02i;.~t: 911 on Ronm Air, Time: 712.712013 0'.'.:27_
PRESENTJ~G PROBLEJ\.11~"J"'11,;o1:10:!;~ NA>)
Prc~enting profilc:m~: Knee Tnjury-P.ain-Swelling.

TRIAGE (~<!J: .... Liili UJ,29 ~.\ti)

TRIAGF: iVOTF.S: Pt. .an+.;e; in Police Cusr.ody ambulHtory with c\o knee pain lloith multiple
ab1>1Sions ~\p assauk leadlng to arrest.
f'AT/E/\7: !\-AME: Allen, Halimah, GE:'.'ol'DER: fei11ale, DOB: Thu Aug 18, l98B. TIMEOFGREEI':
Sat Jul 27, 2011 00;2.1. KG WHIO!IT; 54.4, HEIGHT: I 60cm, MffiJlCA r; R RCmm NUl\IBER:
l\;1000650017, ACCOlI'.l.'T~IBER: PAL30110.3659.

/1.DMIS:J/ON: URGIDl'CY: F.SI4, ADMISSION SOt:RCE: StreetJHigl!way, TRANSPORT! Police

t.u.-.1orly, 'BRD: WAllnlC1.
VITAL SIGNS: BP 132187, (Sitting)., Pill5e 97, (Sitting), Resp 18, (Non-labored}. Temp 98.4.
(Oral), Pain 8, (Achy), 02Sat9&, oaRoon1 Air, Time7/2712013 03:27.
CO.'i.tPTAIN'f: (PC) KNF.fl HIGH.
ASSESSM.Ef'IT: Asses.'<ment: Kneepaio, Syru?toms began I hoUI." ago, Afrway is patent,
Respirations are ualabQi.-ed. Speech is coherent, l'atient is .-\AO X J, SDI; is wam1, Slin is chy.
PAIN AS.W:."iSMF.NT: PJ1tienl. complain.~ ofp.ain de... crihed ~s, achin)!;. rm a ~cale (}-10 patient
rates pain as 9, Pain is constant, ~o aggravating fuctor:1>, No relieving factori;..
LMP: Last menstlllal period is unknown.
TRF.ATiYIHNTS TN PROGRl'.:~S: None.
FALL RISK ASSESMENT: Able to rise in a single movement; tio loss of balance with steps(O),
Total score 0, Sccre less than .5. Patieut not high. rlsk for falls.
TR!AG!r SCRF.F.NTNG: Parienl denie.~ suicidal ideation, Patient denie.r; presenc:e of domestic
violence, No history ofinfectioos disease .
1DVANCED DTRECTWES: No advanced Direc:lves.
PROVIDERS: TRTAGF. NURSF~ Antliony fapO!\ito, RN.
PREVIOUS VISIT ALLERGIES: No Known Drng Allergies.

KNOWN ALl,F.RGJF,S
No Kn.own Drug Alfergies

CTiRRRNT MEDICATIONS inl'.'!l >F~

Flovent: 2 Pilffs Inhaler 2 Times a day.
Med an.d Allergy History f1'0m P11rtem
PrnAir 'ffFA: 2 Puff1< Inhaler F.ver)' 4

hon~

PRl'\-. F.nu:red brand: Alhuteml Sulfate HFA.

MEDICATION RECO:SCILIATION mm l.liw1!

Flrmmt - Reviewed H'irlr PafiP.rrJ: 2 Puff.<1 fnhalei 2 Times a day.
Med a11d Allergy History from Patient - &viewed With Patiem: (No Reconciliation
lnfonuation).
PICJl~rcrl: ~t

Jul 2':', 201107:01 by

r~gc:

2 ofS

Docomcntliou n{patient ~.1.. chmg=pro\<lder <anlacl dflJcllimc. PatiCJ>I can::>DocumCJ>tali~n:Tune lemps iruoy 001 n:Qi:.<:1 lin:iec:= prv>ided.

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OF 17