A former Penn student has filed a lawsuit against the University and two Penn Police officers, stemming from an alleged incident of false arrest, assault and battery by the Penn Police.
The plaintiff, Eber Devine, is suing the University and the two officers for $100,000.
The suit involves five separate counts, with one against the University and four against the officers.
In the count against the University, Devine cites Penn's "failing to properly train, supervise and discipline officers... regarding constitutional restraints on illegal arrests and the use of force."
His four counts against the officers include a violation of his rights under the Constitution, false arrest, intentional infliction of emotional distress and wrongful assault and battery.
Alan Dennenberg, legal counsel for Devine, said that the suit is still being served.
"A lawsuit has been filed in federal court, and we're in the process of [serving] the University," he said.
Devine claims that while walking on Spruce Street the evening of March 15, 2000, he was arrested by the Penn Police officers for no apparent reason.
Once transported to Penn Police headquarters at 4040 Chestnut Street, Devine alleges that his head was slammed against the wall, nearly knocking him out, and that one of the officers pushed his knee into the side of Devine's head.
He also claims that despite these injuries, he was never taken to the hospital, and that as a result, he now suffers from severe headaches, arm pain, arm numbness, arm weakness, neck pain and various spinal disc injuries, which could be permanent.
Devine claims that his rights under the fourth and 14th amendments were violated -- in particular, his right to be protected from the use of excessive force and the right to be protected from illegal arrest.
And he alleges that he was "intentionally and maliciously humiliated, threatened, accused, and insulted" by the officers, and that they "used their position of authority, illegally and improperly to punish" him.
Devine also alleges that there are deficiencies in Penn's system for reviewing unlawful arrests and excessive force, including a lack of "remedial training and sensitivity programs" and "investigative reports" about such instances of excessive force.
Dennenberg added that a waiver of service of summons has been sent to the University, but that there is a 30- to 45-day lapse between mailing time and the time it gets signed and sent back.
The legal counsel for the University and for the two officers referred all questions to University spokeswoman Phyllis Holtzman. She said that the University denies any violation of Devine's rights.
"We did receive the complaint and are in the process of reviewing it," Holtzman said. "However, we deny violating this individual's rights, and we will vigorously defend against the lawsuit."
