Colwyn defaults on federal false arrest lawsuit

Failed to respond to allegations of officer’s wrongdoing

A Delaware County man appears to have won a falsearrest lawsuit against Colwyn and officials there by default after the defendants failed to file any kind of pleading in response to his allegations.

The suit was filed in the U.S. District Court for the Eastern District of Pennsylvania on Dec. 28 by attorney Bruce Castor on behalf of Joseph Logan against Colwyn, Mayor Maurice J. Clark Sr., former Police Chief Ishmial Johnston and Officer Jabril Muhammad.

Logan alleged claims of false arrest, excessive force, malicious prosecution, supervisory liability, failure to supervise, failure to screen, unconstitutional policy, procedure or custom, and assault and battery in the Dec. 28 suit, for which he sought damages of $150,000 on each count.

Colwyn Solicitor Ken Schuster did not return a call for comment Thursday.

Arrested without evidence

According to the suit: Muhammad issued Logan three traffic tickets on June 25, 2022, which were later dismissed at the district court level.

Muhammad thereafter began to follow and harass Logan, leading to an arrest in the early morning hours of Sept. 11, 2022.

Logan had gone to a friend’s residence on the night of Sept. 10 and noticed Muhammad drive past the residence several times during the course of the night. Muhammad later parked outside to “surveil” the residence.

When Logan and his friends stepped outside to smoke cigars at about 2:30 a.m. Sept. 11, Muhammad exited his patrol vehicle, approached Logan aggressively and immediately placed him in handcuffs, stating he was under arrest.

Muhammad ignored Logan’s requests to know why he was being arrested and slammed the rear door of his cruiser in Logan’s face, causing him “significant pain and injury.”

Logan’s girlfriend at the time also questioned the arrest while recording the encounter, until she was also placed under arrest without being told why.

The pair were transported to Colwyn Police Department and left on a bench for several hours. Muhammad eventually told Logan he was arrested for having an open container of alcohol. Logan informed the officer that a plastic cup he had with him contained only ginger ale.

Muhammad then changed his story and told the pair they were arrested for smoking marijuana. The suit notes that the open container allegation would be a local ordinance violation and not an arrestable offense.

Logan and his girlfriend were released during the next shift change and told charges would be pressed. Logan returned to the station later to file a complaint, but was met with scorn and believed any complaint he filed would be thrown out, so he retained Castor as counsel.

Castor sent the police chief a letter Nov. 21 asking for clarification on the arrest, but received no response.

Muhammad did finally file charges against Logan on Dec. 7 for possession of marijuana and disorderly conduct. In the affidavit of probable cause, Muhammad stated that while inside his patrol vehicle, he observed Logan with an open container and smoking a marijuana rolled cigar.

“Officer Muhammad provided absolutely no explanation as to how he concluded the cup Mr. Logan carried contained alcohol, nor how he determined the cigar Mr. Logan smoked contained marijuana,” the complaint reads. “No evidence was collected from the scene of arrest. As such, no lab testing occurred which could corroborate [or refute] Officer Muhammad’s allegations that the container was filled with alcohol and/or that the cigar contained marijuana. Officer Muhammad’s complaint also failed to provide any explanation for the nearly three month delay in bringing charges.”

Logan and Castor appeared for a preliminary hearing on those charges Jan. 18 and indicated they were ready to proceed. The commonwealth requested a postponement to allow for additional investigation, but ultimately withdrew the charges.

Failed to respond

Court records show each of the respondents was served with the federal complaint and summons Jan. 4. Affidavits of service were filed Jan. 22 by courthouse legal services. The defendants had until Jan. 25 to respond.

Chief U.S. District Judge Mitchell S. Goldberg filed an order Feb. 9 indicating Logan may ask the court clerk to file a default judgment, which Castor requested Feb. 20. The default entry was made the same day.

Castor said Wednesday that the court must now set a hearing date to determine damages, but he was unsure when that would take place.

He said it was possible that someone at Colwyn would “wake up” and file a motion asking that the default be reviewed, but there would likely have to be a “damn good” reason for that failure if the defendants expect the judge to comply with such a request.

“The court system is designed so this stuff is frowned upon, but I don’t want to be that lawyer having to explain to whatever judge it is why they blew it,” Castor said. “If the judge doesn’t think it was a good enough reason, the judge will say, ‘Tough noogies.’ ”

Second case pending

Colwyn, Muhammad, and former Sgt. Mike Ricciardi are also being sued by a Darby man for 4th Amendment violations and related claims for an arrest on Dec. 9, 2021.

In that case, Robert Scott claims Muhammad wrongly identified him as a suspect who had fled police in a vehicle five days earlier, leaving a firearm behind in the abandoned vehicle and escaping on foot.

Scott, represented by attorney Joseph Oxman, said he was on probation at the time with an ankle monitor, but Muhammad failed to review monitor data showing he was a mile from the scene on the Dec. 5 chase.

Scott was charged with carrying a weapon with

out a license and operating a vehicle without registration. He was jailed for nine months, lost his job, had two vehicles confiscated and had to pay $3,500 in attorney’s fee before the case was eventually dismissed. Scott is also seeking compensatory and punitive damages.

The defendants did respond to that suit and U.S. District Judge Cynthia M. Rufe has directed the parties to file all substantive motions by Aug. 9.

Johnston — who was named in another civil lawsuit that resulted in an $85,000 payout to the plaintiff in 2022 — also resigned in October and is currently facing criminal charges including assault and witness intimidation.

He is scheduled for a pretrial conference April 5 before Common Pleas Court Judge G. Michael Green.

It’s not clear if the officers involved in the lawsuits remain with the department.