Millcreek Township, a community in Western Pennsylvania, faces a wrongful arrest lawsuit by a man who was stopped for screaming expletives about former President Donald Trump in his car — and they're moving to get it dismissed, reported the Pennsylvania Record on Wednesday.
"Thomas Sebastian of Erie first filed suit in the U.S. District Court for the Western District of Pennsylvania on Jan. 5 versus Millcreek Township, Patrolman Jose Delgado Jr. and Patrolman Officer No. 2, all of Millcreek Township," reported Nicholas Malfitano.
According to the suit, Sebastian was driving with his window down, screaming "F**k Donald Trump" and "F**k Donald Trump and his kids too," in response to talk radio, then after someone called the police about it, two officers showed up at his home. Sebastian freely admitted to screaming about Trump, said it was his constitutional right, and asked the officers to leave.
"“Approximately 10 minutes later, the plaintiff realized he had left his phone in his car and went to his car to retrieve it," said the report. "Plaintiff’s car was parked in his reserved space located on the property of the apartment complex. While retrieving the phone and in his car, plaintiff was suddenly and unexpectedly accosted by the defendant officers. The plaintiff was grabbed from his car, thrown to the ground, had his arms pushed behind his back, and had his face pushed in the dirt. He was then cuffed. Without further explanation, the plaintiff was transported to the Millcreek Township Police Department and held for several hours during which time he was initially refused use of the bathroom."
Sebastian was ultimately charged with disorderly conduct, and with "public drunkenness" — even though the arrest took place on his own property. The chief of police argues they simply approached him to make sure he wouldn't operate his vehicle under the influence, at which point he became "belligerent," and that body camera footage — which hadn't been released — supports the arrest.
Millcreek Township's motion for dismissal of the wrongful arrest suit argues that Sebastian does not make a valid claim of misconduct.
“The plaintiff’s Monell claim against Millcreek Township is legally deficient in that it fails to identify any specific policy, practice or custom of Millcreek Township that is unconstitutional or that was followed by the defendant officers that resulted in a violation of the plaintiff’s constitutional rights," said the filing. "Instead, the Monell claim in essence attempts to hold the Township liable for the actions of its police officers by way of a respondeat superior theory of liability which is prohibited in federal civil rights litigation.”
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