Edward N. Cahn Federal Building and United States Courthouse
ALLENTOWN, Pa. – A New York cop says he was wrongfully arrested during a visit to a Pennsylvania casino, where he refused to give staff access to his cell phone.
Steven Calderon sued the City of Bethlehem Feb. 18 in U.S. District Court for the Eastern District of Pennsylvania over legal proceedings that culminated in him being found not guilty of causing a disturbance at the Wind Creek Casino.
It was there that Calderon was using his cell phone to record an event, which caught the attention of security guards who demanded he delete the videos. He was removed from the event center and sent to police officers.
“A Bethlehem police officer gave Plaintiff an ultimatum: unlock his phone or be taken to jail,” the lawsuit says. “Relying on his training and experience as a New York State Police officer, Plaintiff knew he could not lawfully be compelled to.”
He was placed under arrest and refused a blood-alcohol test, which meant he would be held for eight hours. But Calderon developed chest pains and was sent to a hospital, then charged with public drunkenness.
The arresting officer had claimed Calderon was bothering others around him – something Calderon refutes. He maintains he was calm as staff and cops demanded he surrender his phone.
The lawsuit makes counts for unlawful seizure/false arrest and malicious prosecution. It also says Bethlehem failed to train its police appropriately.
Kaitlin McCaffrey of van der Veen, Hartshorn & Levin in Philadelphia represents the plaintiff.
