Eagles fan awarded $75K in 2011 false arrest
A Maryland man who was arrested
by Philadelphia police trying to eject several people from Lincoln Financial
Field before the 2011 Eagles home opener was awarded $75,000 in damages Tuesday
by a Philadelphia jury.
The 12-member Common Pleas
Court jury returned its verdict for Harry Mims, 32, a real estate office
manager who was arrested before the start of the Sept. 25 game against the New
York Giants.
Mims' lawyer, Jonathan James,
who handled the civil case with partner Michael C. Schwartz, said the jury
returned its verdict after about 10 hours of deliberations since Friday. The
jury did not impose punitive damages against Officers Mark Alston, Joseph
Carter, or Francis Kelly. The lawsuit had sought damages for false arrest,
malicious prosecution, and assault.
City Solicitor Shelley Smith
said the verdict could be appealed. "We are reviewing the matter to
determine potential appeal issues, and we believe some exist," Smith said.
Mims, then living in Silver
Spring, Md., but now of Philadelphia, and a friend were walking around the
Linc's mezzanine level before the game's start when he was arrested about 12:30
p.m.
He spent the next two days in a
police holding cell before being released on bail. At a Municipal Court trial
in January 2012, all charges against him were dismissed.
According to James, Mims and
his friend were walking when Mims felt a hard bump on his shoulder, complained
aloud, and turned to spot Alston leading a handcuffed man to be evicted from
the stadium.
James said all three officers
were part of a plainclothes detail assigned to mix among fans and try to
prevent fights from erupting between fans of the opposing teams.
Police said Mims interfered
with Alston and then resisted arrest, and was subdued by Alston and Carter
while Kelly watched.