Harris v. Burgmann
| Decision Date | 18 May 2023 |
| Docket Number | 169 C.D. 2022 |
| Parties | David Harris and Steven Thompson, Appellants v. SEPTA Police Detective Daniel Burgmann, SEPTA Police Detective Stewart, SEPTA Police Detective Bacon, and SEPTA Police Detective Bryan McCauley |
| Court | Pennsylvania Commonwealth Court |
BONNIE BRIGANCE LEADBETTER, PRESIDENT JUDGE EMERITA
In this intentional tort case, Appellants David Harris and Steven Thompson appeal from orders of the Court of Common Pleas of Philadelphia County denying their post-trial motion, and granting in part and denying in part the post-trial motions of Southeastern Pennsylvania Transportation Authority (SEPTA) Police Detectives Daniel Burgmann, Robert Stewart, Edward Bacon, and Bryan McCauley (collectively, Detectives). Specifically, Appellants take issue with the portions of the trial court orders granting Detectives' motion for judgment notwithstanding the verdict (JNOV) with respect to Appellant Harris's claims, and granting Detectives Burgmann, Bacon, and McCauley's motion for a new trial with respect Appellant Thompson's claims. For the reasons that follow, we reverse.
While the parties profess different versions of the underlying events, the gist of the matter, as asserted by Appellants as verdict winners, is as follows. On July 24, 2017, a man later identified as Sorrell Groves, assaulted a SEPTA police officer at the Angora train station in Philadelphia. SEPTA police were able to use nearby security camera footage to identify a black Chevy S-10 pick-up truck as Mr. Groves' "getaway" vehicle. SEPTA police subsequently issued a "Be On the Look Out" (BOLO) for a truck fitting this description and increased patrols in the area.
Two days later, on July 26, 2017, Detectives Bacon and Stewart identified a truck purportedly resembling the vehicle from the BOLO - specifically, a black Chevy S-10 - parked across the street from 5811 Cobbs Creek Parkway, Philadelphia. Appellant Thompson owns the house located at this address which is in close proximity to the Angora train station. After staking out the truck for several hours, Detectives Bacon and Stewart observed an individual, later identified as Appellant Harris, leave the house at 5811 Cobbs Creek Parkway, walk across the street, and approach and access the passenger side of the truck. At that point, Detectives Burgmann and McCauley, as well as numerous officers from SEPTA's Special Operations Response Team (SORT), arrived at the scene to assist.
After Appellant Harris opened the passenger side door of his truck, numerous officers ran up to him with their firearms drawn, jumped on his back, removed him from the vehicle, and handcuffed him. Detectives subsequently searched the portion of the truck that was within Appellant Harris's wingspan and purportedly found crack cocaine and a collapsible baton. While Appellant Harris admits to possessing the baton he has, at all times, denied there were drugs in his vehicle. He was subsequently arrested, taken to the police station and charged with, among other things, possession with intent to distribute, simple possession, and prohibited offensive weapons, for which he spent approximately 48 hours in police custody until Appellant Thompson was able to post his bail. Appellant Harris suffered injuries to his wrists as well as emotional injuries and distress due to Detectives' actions. Of particular note, in April 2018, following a stipulated trial, Appellant Harris was found not guilty as to all charges stemming from this incident.
After Appellant Harris's arrest, Detectives and SEPTA SORT Sergeant James Zuggi broke into Appellant Thompson's house without a warrant or consent, with their firearms drawn and in full SORT gear. Appellant Thompson, who was approximately 50 years old at the time and disabled, was thrown to the ground and held at gun-point, and an officer knelt on his back. Appellant Thompson and Richard Jenkins, an acquaintance who was there to assist him with remodeling, were both placed in zip-tie restraints and forcibly removed from the house. Numerous officers then searched Appellant Thompson's home, causing damage to doors, floors, and a large safe, and purportedly stealing various items including cash and an expensive watch. Appellant Thompson and Mr. Jenkins remained outside, in restraints until the search of the house was completed. In addition to emotional injury and distress, Appellant Thompson suffered physical injury to his hands and shoulder from having his hands zip-tied behind his back, and Detectives' actions reaggravated injuries he suffered in a previous accident.
No charges were ever filed against Appellant Thompson. Further, Detectives admit that neither of the Appellants were ever considered a suspect in the Angora train station assault. The actual suspect, Mr. Groves, turned himself in to police on the afternoon of July 26, 2017, just a few hours after the above events transpired.
On October 22, 2018, Appellants filed a civil action asserting claims of assault, battery, false arrest, and false imprisonment against each of the Detectives. Appellant Harris also stated a separate claim for malicious prosecution, and Appellant Thompson asserted additional claims for trespass and conversion. Following discovery, Detectives filed a motion for summary judgment on the basis of sovereign immunity which was denied by Judge Charles Cunningham, III, via order without an accompanying opinion. The matter then proceeded to a jury trial over which the Honorable Judge Lori A. Dumas presided.[1]
During trial, Appellant Harris testified that he was at Appellant Thompson's home on the day in question in order to assist him with remodeling. (Reproduced Record "R.R." at 441a.)[2] He left the house to get his work boots from his vehicle and as he opened the passenger door he noticed something out of the corner of his eye. (Id. at 441a-42a.) Appellant Harris turned around and "saw a big gun, [and] a black uniform," noting (Id. at 442a.) Appellant Harris was thrown into the truck, tackled or "jumped on," and handcuffed. (Id. at 442a-43a.) A large number of officers then converged on the scene, swarmed into a circle surrounding him, and began asking him questions and harassing him. (Id. at 442a.) The officers told Appellant Harris that he looked like Mr. Groves and made statements such as "[y]ou're the guy," and "give me something, name, [sic] address or you're going to jail." (Id.) Appellant Harris complained to the officers that his handcuffs were too tight, but rather than loosen them, the officers continued to tug on them during questioning, especially when he said something they did not like. (Id. at 442a, 444a.) The officers asked where Appellant Harris came from, and he pointed them to Appellant Thompson's home. (Id. at 442a.)
Appellant Harris repeatedly testified that all four Detectives were involved in his arrest, that they all physically touched him that day, and that there were "a lot of guns" pointed at him. (R.R. at 442a, 444a, 448a, 547a.) He believes Detective McCauley was the officer who actually handcuffed him, noting that both Detective McCauley and another officer were short "with very long beards[.]" (Id. at 442a, 444a, 547a.) A supervisor took Appellant Harris to the police station where Detectives McCauley and Burgmann processed him on the criminal charges. (Id.) Both Detectives were also involved in his later criminal proceedings. (Id. at 547a.)
Notably, Appellant Harris denied that the vehicle he was driving at the time resembled the truck from the BOLO. (R.R. at 443a-44a, 460a.) He described his vehicle as "[a] 2001 Chevy S[-]10 Blazer, color black," registered to his mother in New Jersey, with a New Jersey inspection sticker on the front and yellow New Jersey license plates on the front and back of the vehicle. (Id. at 441a, 444a.) In addition, the molding on the back bumper of his vehicle was "flipped up," and while the windows of his car had only "factory tint," the windows on the vehicle from the BOLO were heavily tinted, to the point that you could not see inside the vehicle. (Id. at 444a, 456a.)
Appellant Harris stated that he was scared during this incident as he thought he was about to die, and that he has been paranoid ever since. (Id. at 442a, 447a-48a.) When this incident occurred he was trying to gain sole custody of his young daughter and he was afraid the pending drug charges would damage his custody case. (Id. at 445a, 447a.) As for physical pain and suffering, he had pain and numbness in his wrists and hands for several months after the arrest, and he specifically identified Detective McCauley as one of the officers who tugged on his handcuffs in order to inflict more pain during his questioning. (Id. at 444a-45a, 447a.) Detectives' actions also aggravated injuries to Appellant Harris's back and shoulder that he suffered in a previous car accident, and interfered with his ability to work. (Id. at 447a.) Further, Detectives confiscated his cell phone and impounded his vehicle, and when he finally got his vehicle back it was "stripped" with the dashboard and panels ripped off. (Id. at 445a-46a.)
Appellant Thompson testified that at the time of the incident he was in the process of digging out his basement, and Appellant Harris and Mr. Jenkins were there to help with the renovations. (R.R. at 414a.) Appellant Harris left the house to get his work boots from his vehicle and never returned. (Id.) Appellant Thompson heard what he thought was someone trying to open his...
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