Police brutality trial set to begin

Luis A. Berrios 3d, who alleges anti-LGBT misconduct by Philadelphia police, is scheduled to have his day in court later this month.

Berrios is suing Officer Michael Gentile for allegedly using excessive force when arresting him during a domestic disturbance in December 2010. Additionally, Berrios is suing Officer Robert Taverez and Det. Joseph Newbert for allegedly standing by and facilitating the excessive force used against him.

During the incident, Berrios was concerned that police were mistreating his then-boyfriend. But when Berrios attempted to intercede, he allegedly was assaulted by police.

Jurors will consider claims of excessive force, federal bystander liability and assault and battery.

The defendants vehemently deny any wrongdoing, according to court papers. 

Gentile allegedly referred to Berrios as a “faggot,” hurled profanities at him and handcuffed him in a manner that injured his wrists.

“[Berrios] received emotional and physical injuries including, but not limited to, bilateral-wrist sprain and strain, right-elbow sprain and strain, cervical radiculitis, brachial neuritis/radiculitis and other injuries, as well as Post-Traumatic Stress Disorder and emotional injuries,” according to a recent filing.

Berrios also claims he was wrongfully arrested during the incident.

“[W]hen arrested, Mr. Berrios was not charged with resisting arrest, nor any other charges as a result of his interactions with the police officers,” Berrios’ filing states. “This further goes to the fact that force was unnecessary and/or unreasonable of any type — which therefore constitutes both assault and battery on him, as well as excessive force.”

Berrios contends police were motivated by anti-LGBT animus.

In a recent ruling, U.S. Magistrate Judge Lynne A. Sitarski said the jury will be permitted to hear evidence about the defendants’ alleged anti-LGBT animus.

Jury selection is scheduled to begin 9:30 a.m. Oct. 30 at the U.S. Court House, 601 Market St., Courtroom 3E.  Opening arguments are scheduled to begin 9:30 a.m. Nov. 2. 

Michael R. Miller, a city attorney handling the case, declined to comment other than to say: “I don’t have anything for you, because the city doesn’t comment on pending litigation.” 

Berrios expressed guarded optimism about the trial. 

“I’m looking forward to my day in court,” he said. “I’m putting a lot of trust in the system to see the truth. I have been waiting so long for this day. I just really need the support of my community. Please, if you’re able to come out and support [me], please do. I know in my heart I have done no wrong and people of power have abused their power because I was a gay man.”