Full opinion text
OPINION EDUARDO C. ROBRENO, District Judge. TABLE OF CONTENTS I. PROCEDURAL HISTORY.................................................310 II. INTRODUCTION.........................................................311 III. BACKGROUND ..........................................................312 IV. FINDINGS OF FACT.....................................................316 A. Glass I...............................................................316 B. Glass II..............................................................317 1. Activity in the vacant lot across from the Glass house...................317 2. January 1,1998 arrest of Kareem....................................318 a. IAD 98-04 ....................................................318 b. Mr. Glass’s statements to Lieutenant Lampe and Sergeant Craighead...................................................318 3. February 10,1998 arrest of Mr. Glass and Kareem.....................319 a. February 12,1998 meeting......................................322 b. IAD 98-132 ...................................................323 4. The Glass I trial begins and Kareem is arrested .......................324 a. The Derek Bohannon case and word of Kareem’s impending arrest during the trial of Glass I...............................324 i. The Bohannon complaint....................................324 ii. The arrest warrant.........................................325 b. Settlement and release of Glass 1.................................326 5. August 31,1998 arrest of Kareem....................................327 6. September 16, 1998 conflict with Officer McKenny and IAD 98-369.....327 7. The FTA bench warrant in the Bohannon case.........................328 a. The warrant system............................................329 b. November 22,1998 arrest and IAD 98-502 ........................330 c. December 22,1998 arrest and IAD 98-527.........................331 d. December 30,1998 arrest and IAD 99-02..........................332 e. January 13,1999 arrest and IAD 99-037 ..........................333 8. Officers announce Kareem’s arrest over the loudspeaker and IAD 99-028..........................................................333 9. Mr. Glass’s dealings with the Philadelphia Parking Authority and IAD 99-023 .....................................................334 C. Summary.............................................................335 V. CONCLUSIONS OF LAW AND DISCUSSION...............................337 A. The Scope of the Release...............................................337 B. Section 1983 Liability..................................................340 1. Municipal liability under § 1983......................................340 a. Municipal liability from the police commissioner....................342 b. Municipal liability from the policy or custom of “investigatory detentions”..................................................344 e. Municipal liability for the inadequate investigation of citizens’ complaints ..................................................348 2. Liability of the individual officers under § 1983 ........................349 a. Abuse of process...............................................349 b. Excessive force, warrantless search and arrest without probable cause.......................................................351 i. Excessive force............................................351 ii. Warrantless search.........................................353 iii. Arrest without probable cause...............................356 c. Civil conspiracy................................................357 d. Supervisory liability............................................362 C. Section 1985(2) Liability................................................364 D. Section 1986 Liability..................................................365 E. Plaintiffs’ State Law Claims.............................................365 1. False arrest and false imprisonment..................................365 2. Assault and battery................................................365 F. Ms. Malloy’s Claims....................................................366 VI. CONCLUSION...........................................................367 VII. DAMAGES...............................................................367 I. PROCEDURAL HISTORY On December 10,1999, plaintiffs Reuben Glass, his son Kareem Glass, and their family friend Jane Malloy filed this action against the City of Philadelphia and nineteen individual police officers alleging violations of their civil rights and the commission of sundry state-based torts. Plaintiffs allege that on July 10, 1995, Kareem, then a minor, was beaten by Philadelphia police officers while playing at a construction site at the corner of Uber and Parrish Streets. Based on this incident, Mr. Glass, Kareem’s father, filed a lawsuit on April 4, 1996, on behalf of Kareem, against the City of Philadelphia and police officers in the Ninth District of the Philadelphia Police Department. Glass v. City of Philadelphia, 96-2752 [hereinafter “Glass I ”]. That lawsuit eventually settled on May 8,1998. On December 10, 1999, plaintiffs Mr. Glass, Kareem and Ms. Malloy, a family friend, brought the instant action, Glass v. City of Philadelphia, 99-6320 [hereinafter “Glass II ”]. Plaintiffs contend that, beginning in August 1997 and continuing through 1999, members of the Philadelphia Police Department’s Ninth District harassed and intimidated the Glasses in retaliation for filing the lawsuit in Glass I against the City of Philadelphia and certain police officers. Allegedly, members of the Ninth District, at various times, stalked, harassed, falsely incriminated and threatened to kill plaintiffs in retaliation for the Glasses’ exercising their civil rights. The instant action, Glass II, was tried non-jury in a trial that began on January 18, 2006 and lasted six weeks. This memorandum contains the Court’s findings of fact and conclusions of law. II. INTRODUCTION In reaching its findings of fact and conclusions of law, in addition to hearing live testimony from 49 witnesses at trial, the Court also waded through the testimony of the inchoate Glass I trial, the deposition testimony of several witnesses and hundred of exhibits. In addition to trial, much like counsel in the case, the Court has “lived” through numerous hearings and arguments, and reviewed hundreds of pages of legal arguments over the past ten years. Ultimately, what emerges are sharply contrasting versions of events which are, on all material points, largely irreconcilable. Each plaintiff and each defendant viewed his or her conduct as wholly justified and entirely free of fault. Concomitantly, all involved attributed to those on the other side wrongful intent and malice. All involved had a strong motive to fabricate. Plaintiffs wanted vindication and a financial recovery. Defendants wanted to preserve their professional reputations and avoid a financial judgment. In their testimony, the party witnesses stuck closely to their stories and yielded no quarter. Each act or event was viewed, by each party, through a prism of suspicion and mistrust. Under these circumstances, the testimony of fact witnesses presented at trial is highly questionable. To compound matters, at closing argument and in their voluminous proposed findings of fact and conclusions of law submitted at the end of trial, counsel pressed upon the Court a lengthy deconstructed version of the record. Under this approach, counsel scoured the voluminous record for citations to disparate and isolated pieces of evidence, as if each fact stood separate from the others. The result is that, by emphasizing the “trees,” the parties ultimately lost sight of the “forest.” Under these circumstances, in determining credibility, the Court’s task is twofold. One, to search the record for objective evidence, which confirms or corroborates testimony. Two, to avoid extreme deconstruction of the record, i.e. viewing pieces of evidence or an answer during lengthy testimony in isolation or apart from the other evidence. Rather, the Court’s task is to view the evidence as a whole in light of common sense and human experience. It is not the Court’s role to disprove every assertion made by the parties or negate every piece of evidence offered in support. Rather, the Court’s role is to search for unity from the entire body of evidence which, as a whole, points to what is more likely than not to have occurred in this case. III. BACKGROUND The plaintiffs’ complaints against the City of Philadelphia and various members of the Philadelphia Police Department involve allegations of misconduct and harassment by the officers at nearly every level of the Police Department, as well as a conspiracy to cover up that conduct when formally submitted for investigation by plaintiffs. Because the case implicates the interactions between police officers and their supervisors, as well as a detective not assigned to the Ninth District, a basic understanding of the Philadelphia Police Department’s hierarchy, particularly that of the Ninth District and the Internal Affairs Division, is necessary. In addition, an appreciation of the policies and procedures for making and investigating a citizen’s complaint in place at the time of the relevant events in this case is also necessary. The Philadelphia Police Department is organized and administratively operated through 25 police districts. The Ninth District, headquartered at 401 North 21st Street, comprises a geographical area of the City of Philadelphia which stretches from north to south between Poplar and Lombard Streets and east to west between Broad Street and the Schuykill River. Trial Tr. 69:15-17, Jan. 31, 2006. Police Districts are grouped into divisions. The Ninth District is part of the Central Police Division, which also includes the Sixth District, the Twenty-Second District, the Twenty-Third District, the Center City District and the Transit Unit. Trial Tr. 103:24-104:1, Feb. 1, 2006. Each police district is organized hierarchically, from the lowest rank of patrol officer, up through corporal, sergeant, lieutenant and then captain. Beyond the district level, the chain of command includes inspector (who usually heads a division), chief inspector, deputy commissioner and ends at the rank of police commissioner. Trial Tr. 39:20-23, Jan. 31, 2006. Police detectives, unlike regular police officers, are assigned to divisions and not to individual police districts, and are subject to a different chain of command. The Central Detectives Division, however, which is relevant to this action, is physically housed within the same building as the Ninth District. Also at issue is the conduct of officers and supervisory personnel in the Internal Affairs Division (“IAD”). The IAD investigates complaints and allegations of misconduct against police officers, including criminal allegations and allegations of drug use, administers drug tests and other integrity tests and conducts audits of documents and procedures of the Police Department. Trial Tr. 8:12-18, Feb. 15, 2006, vol. I. IAD is governed by and reports directly to the Deputy Commissioner of Internal Affairs. As described by former IAD Deputy Commissioner John Norris, IAD is “basically out there to protect the community against rogue or unfair conduct by police officers and also to protect police officers against unfair complaints against them.” Trial Tr. 8:18-21, Feb. 15, 2006, vol. I. Under the policies in place during the relevant time period, IAD accepted all complaints, whether written on the citizen’s complaint form distributed by the Police Department, sent via letter or made through an anonymous telephone call. Trial Tr. 9:24-10:2, Feb. 15, 2006, vol. I. Complaints could be made to IAD directly or within the individual police districts, which then forwarded the complaints to IAD. Trial Tr. 11:22-12:10, Feb. 15, 2006, vol. I. IAD then determined whether the particular complaint would be investigated by IAD or whether it would be sent to a district captain for investigation. Trial Tr. 12:12-21, Feb. 15, 2006, vol. I. At all relevant times, in addition to its five investigative teams, IAD also had special teams that were assigned investigations for certain districts/geographical areas of the city. Trial Tr. 119:1-21, Feb. 15, 2006, vol. I. As a matter of then existing practice, verbal abuse and lack of service complaints were customarily delegated to the district captains for investigation. In turn, the district captain could assign certain investigative tasks to a lieutenant. Other, more serious complaints were investigated by IAD personnel. Trial Tr. 19:3-14, Feb. 15, 2006, vol. I. A verbal abuse complaint involves allegations that an officer used inappropriate or offensive language, used profanity or made a “smart-aleck” remark. Trial Tr. 20:7-14, Feb. 15, 2006, vol. I. Verbal abuse is a broad term used to refer to any situation where an officer “verbally may have gone over the edge in a professional manner.” Trial Tr. 20:15-16, Feb. 15, 2006, vol. I. A lack of service complaint involves allegations that an officer did not do what he or she was required to do under the regular and accepted procedure in a particular situation. Trial Tr. 20:20-23, Feb. 15, 2006, vol. I. At all relevant times, it was customary for the supervisor, such as the lieutenant or captain, of the officer named in the complaint to address and/or investigate these types of matters. Trial Tr. 3:24-33:1, Feb. 15, 2006, vol. I. The supervisors “are supposed to train, counsel and discipline their own officers.” Trial Tr. 33:2-5, Feb. 15, 2006, vol. I. This process embodies the well-settled principle of the chain of command. Each month during the relevant time period, the commanding officers of every district and division of the Police Department attended a CompStat meeting in the auditorium of the Police Academy. Trial Tr. 24:2-11, Feb. 1, 2006. The police commissioner and deputy commissioners attended the meetings. Trial Tr. 24:10-20, Feb. 1, 2006. The CompStat meetings addressed, inter alia, the crime rate in each district and measures to affect that crime rate, police automobile accidents, complaints against police officers and overtime budgets. Trial Tr. 24:2-6, Feb. 1, 2006. In addition to plaintiffs and a small number of civilian witnesses, much of the trial testimony was provided by Philadelphia police officers who were assigned to the Ninth District or to IAD. To assist the reader, the following is a list of persons involved in the years-long conflict between the Glass family and certain Ninth District police personnel. The plaintiffs in the instant action, Glass II, are: 1. Reuben Glass; 2. Kareem Glass; and 3. Jane Malloy. The defendants in the instant action, Glass II, are: 4. Inspector James Tiano, Inspector of the Central Police Division during the time in question; 5. Captain Leonard Ditchkofsky, Captain of Ninth District during the time in question; 6. Lieutenant Bruce Lampe, of the Ninth District; 7. Sergeant Michael Craighead, of the Ninth District; 8. Officer Lawrence McKenny, of the Ninth District; 9. Officer David Marcus, of the Ninth District; 10. Officer Donnie Roekeymore, of the Ninth District; 11. Officer Thomas Vales, of the Ninth District; 12. Officer James Barrett, of the Ninth District; 13. Officer Kenneth Gill, of the Ninth District; 14. Officer James Campbell, of the Ninth District; and 15. Detective Sean Brennan, of the Central Detectives Division. Other Police Department personnel who, although not parties to the instant action, testified at trial concerning the Glass family’s interaction with the Police Department are: 16. Deputy Commissioner John Norris, the Inspector and then Deputy Commissioner of IAD during the relevant time period; 17. Detective Elizabeth Dotchel, of the North Central Detective Division; 18. Lieutenant Robert Nudd, of the Ninth District; 19. Lieutenant Gary Blackwell, of IAD; 20. Lieutenant Joseph Sweeney, of IAD; 21. Lieutenant Joseph Lapetina, of the Philadelphia Crime Information Center; 22. Officer Robert Auman, of the Sixth District; 23. Sergeant Connie Hurst, of IAD; 24. Officer Ramon Addison, of the Ninth District, who was a defendant in Glass I; 25. Officer David Mohammed, of the Ninth District, who was a defendant in Glass I; 26. Officer Stephen Williams, of the Ninth District, who was a defendant in Glass I; 27. Officer Jose Novoa, of the Ninth District, who was a defendant in Glass I; 28. Walter Blichasz, police communications dispatcher; 29. Captain James Moriarty, of Internal Investigations Unit, a division of IAD; 30. Sergeant Frank Banford, of Internal Investigations Unit, a division of IAD; 31. Lieutenant William McCarthy, of IAD; 32. Officer Gregory Welsh, of the Ninth District; 33. Officer Raymond Andrejezak, of the Ninth District; and 34. Captain William D. Markert, of IAD. In addition, there were civilian witnesses who testified as to certain interactions between the Glass family and certain members of the Philadelphia Police Department: 35. Leonard Armstrong, Deputy Director for Active Criminal Records in the Court of Common Pleas, Philadelphia County; 36. Shelley Smith, of the Philadelphia City Solicitor’s Office; 37. Michael Resnick, of the Philadelphia City Solicitor’s Office; 38. City Councilman Darrell Clarke, a friend of Mr. Glass; 39. Judge Bernice DeAngelis, Ms. Malloy’s sister; 40. Frederick Snead, a friend of Mr. Glass; 41. Joseph Russell, a friend of Mr. Glass; 42. Inez Glass, Mr. Glass’s daughter; 43. David Bullock, Mr. Glass’s son-in-law; 44. Alberta Fisher, Mr. Glass’s niece; 45. Andrew C. Verzilli, forensic economist; 46. Betsy Bates, rehabilitation nurse; 47. Peter J. Lento, vocational consultant; 48. Elizabeth Anne McGettigan, certified nurse life care planner; 49. Marc A. Weinstein, registered forensic economist; and 50. Dr. Robert Wolf, vocational rehabilitation economist. IV. FINDINGS OF FACT A. Glass I According to plaintiffs, the alleged harassment began as a result of the Glass I lawsuit against certain Ninth District officers. In Glass I, plaintiffs alleged Kareem was beaten by Philadelphia police officers on or about July 10, 1995 while playing at a construction site at the corner of Uber and Parrish Streets. As a result of the beating, according to plaintiffs, Kareem suffered severe brain damage and serious mental deficiencies. At the time of the incident, Kareem was 15 years old. Glass I went to trial on May 5, 1998. On May 6, 1998, out of the presence of the jury, defense counsel Shelley Smith provided to the Court information that she had received from an unidentified police source that Kareem was going to be arrested at the Federal Courthouse based on a warrant issued in connection with an unrelated case. The following day, May 7, 1998, and as arranged through counsel, Kareem self-surrendered to Central Detectives. On the same date that it was reported that Kareem was to be arrested in Court, May 6, 1998, the parties entered into settlement discussions. On May 7, 1998, the parties continued with trial, presenting witnesses for direct and cross examination by counsel. The next day, on May 8,1998, the parties advised the Court that they had reached an agreement whereby the City would pay Kareem $325,000 in exchange for a release. On May 29, 1998, Kareem signed the release, which states, in relevant part: GENERAL RELEASE For and in consideration of the sum of THREE HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($325,000.00), KAREEM GLASS and his attorney Neil Jokelson, Esquire do hereby remise, release and forever discharge the City of Philadelphia, its agents, servants, workers or employees and any other persons, associations or organizations, whether known or unknown, foreseen or unforeseen of all actual and/or potential liability accrued and hereafter to accrue on account of and from all, and all manner of, actions and causes of action, claims and demands whatsoever either in law or equity, for a claim arising from an incident at Uber & Parrish Streets on July 10, 1995, as stated in plaintiffs’ claim, which is against the said City of Philadelphia, its agents, servants, workers or employees, I, KAREEM GLASS Claimant(s), ever had, now have, or which my heirs, executors, administrators or assigns, or any of them, hereafter can, shall or may have, for, or by reason of any cause, matter, or thing whatsoever arising from the above accident or incident(s). Gen. Release, May 29, 1998 (emphasis in original). B. Glass II The instant case before the Court, Glass II, was filed on December 10, 1999, a year and a half after the settlement agreement was reached in Glass I. The instant case involves allegations of harassment that occurred both before and after the trial in Glass I and the subsequent settlement and release of those claims. In essence, the complaint alleges a pattern of harassment against Mr. Glass and his family at the hands of Ninth District police officers beginning in August 1997, and continuing through at least January 1999. Each of the incidents alleged by plaintiffs to constitute harassment, whether in isolation or as part of a pattern, will be explained in detail. 1. Activity in the vacant lot across from the Glass house Beginning around August, 1997, Mr. Glass claims that Ninth District police officers engaged in a series of harassing acts aimed at him near his residence. Mr. Glass testified that police cars would park in the vacant lot across the street from his house and, on occasion, shine the spotlight attached to the police car or the flashing lights in the direction of Mr. Glass’s house. Trial Tr. 26:9-30:11, Jan. 18, 2006. Mr. Glass also testified that Officers Marcus and McKenny stared at Mr. Glass and Kareem with “smirks on their faces.” Trial Tr. 27:3, Jan. 18, 2006. Inez Glass and her husband David Bullock, testified that they too observed this type of activity in the lot across from Mr. Glass’s home. Trial Tr. 6:16-18:9, Feb. 28, 2006. Officer McKenny, one of the officers allegedly engaged in the acts on the vacant lot, explained that the lot across from Mr. Glass’s home is located at a central location within the Ninth District and was an informal meeting place for officers on duty, and concluded that on occasion he may have parked on the lot. Trial Tr. 84:13-23, Feb. 17, 2006. Officer McKenny denied shining the spotlight at Mr. Glass’s home. Trial Tr. 98:19-21, Feb. 17, 2006. Officer Marcus denied ever parking on the lot across from the Glass house. Trial Tr. 13:1-5, Feb. 17, 2006. 2. January 1, 1998, arrest of Kareem On January 1, 1998, Kareem was stopped by Officers Marcus and McKenny, assigned to the Ninth District, for failure to stop at a stop sign. Trial Tr. 53:3-54:13, Jan. 19, 2006. Upon investigation at the scene, it was determined that Kareem was driving without a license and was in possession of a small bag of marijuana. Trial Tr. 59:2-16, Feb. 17, 2006. Kareem was issued a traffic citation and arrested for possession of marijuana. Trial Tr. 59:16-19, Feb. 17, 2006. a. IAD 98-04 Mr. Glass testified at trial that Jamal Perry, the passenger in the car driven by Kareem the day of the January 1, 1998 incident, told him that he had overheard one of the officers on the scene of the arrest state to a superior officer that Kareem was the “kid that had the civil rights lawsuit,” and then asked the superior officer for authority to strip-search Kareem, which authority was denied. Trial Tr. 44:4-45:14, Jan. 18, 2006. On January 3, 1998, after hearing the information from Jamal Perry, Mr. Glass filed a citizen’s complaint, IAD 98-04, against Officers Marcus and McKenny. Trial Tr. 40:4-11, Jan. 18, 2006; Pis.’ Ex. 20 at 480. Mr. Glass wrote: These two officers have expressed dislike for Kareem and myself because we have a civil action against several policemen here at the 9th district, for beating my son almost to death. They frequently harass and try to intimidate Kareem and myself and family members. On numerous occasions they have stopped Kareem on the street and searched him without cause, and have often made profane and demeaning comments about me and Kareem. I am here today because I am seeing an escalation in the abuse of authority being demonstrated by these officers. They are constantly riding in front of my house, and on my block watching our house and staring at our family and friends as they enter and exit our home. Pis.’ Ex. 20 at 481. On January 17, 1998, Mr. Glass and Ms. Malloy went to IAD’s offices to request that IAD, and not the Ninth District, investigate his complaint. The request was denied by IAD and the matter was referred to the Ninth District for investigation. b. Mr. Glass’s statements to Lieutenant Lampe and Sergeant Craighead Under the usual procedures then in place, IAD assigned the complaint, IAD 98-04, to Captain Ditchkofsky at the Ninth District. In turn, Captain Ditchkofsky delegated the investigation to Lieutenant Lampe. Trial Tr. 48:1-9, Jan. 31, 2006. In turn, Lieutenant Lampe assigned Sergeant Craighead, also of the Ninth District, to interview Mr. Glass. Sergeant Craighead interviewed Mr. Glass concerning the allegation in his complaint, IAD 98-04, at the Ninth District. Later, Lieutenant Lampe also interviewed Mr. Glass at his house. Following the home interview, Lieutenant Lampe typed a statement for Mr. Glass to sign. According to Lieutenant Lampe, the typed statement consolidated the information obtained during both the Craighead and Lampe interviews with Mr. Glass. Upon review of the statement, Mr. Glass refused to sign the statement claiming that it did not accurately reflect what he had told Sergeant Craig-head and Lieutenant Lampe during both interviews. Trial Tr. 55:6-11, Jan. 18, 2006. On February 9, 1998, Mr. Glass again tried to arrange for IAD and not the Ninth District to investigate his complaint, IAD 98-04, and IAD again referred the matter to the Ninth District. Trial Tr. 75:4-25, Jan. 18, 2006. On February 10, 1998, Mr. Glass and Ms. Malloy met with Lieutenant Lampe at the Ninth District. Again Mr. Glass refused to sign the statement prepared by Lieutenant Lampe. Trial Tr. 76:1-78:25, Jan. 18, 2006. At that point, Lieutenant Lampe submitted the Mr. Glass statement that he had prepared to his supervisor, Captain Ditehkofsky, without Mr. Glass’s signature. Trial Tr. 99:1-4, Jan. 31, 2006. The investigation report submitted to IAD by Captain Ditehkofsky concluded that Mr. Glass’s allegations that Officers Marcus and McKenny verbally abused Kareem or that Kareem was strip-searched were not sustained. Pls.’s Ex. 20 at 479. 3. February 10, 1998 arrest of Mr. Glass and Kareem On February 10, 1998, after meeting with Lieutenant Lampe, Mr. Glass proceeded to pick up Kareem at a friend’s house. While driving home, their car was stopped by Ninth District Officers Vales and Rockeymore, who were in uniform in a patrol car. The stop occurred in front of Mr. Glass’s house. According to Officers Vales and Rockeymore, the car in which Mr. Glass and Kareem were driving matched the description of a vehicle and two African American males that had fled two nights before while being pursued by police Officer Robert Auman of the Sixth District (the district adjacent to the Ninth). Officer Vales testified that he recalled the description of the black Acura and tag number because he had been on duty and had begun to attempt to intercept the vehicle two nights prior. After checking the tag number over the police radio, the tag number came back as belonging to a Fiat model vehicle, a different vehicle than the black Acura to which the tag was affixed. Trial Tr. 56:14-57:3, Feb. 13, 2006. The testimony of Officers Vales and Rockeymore and of Mr. Glass and Ms. Malloy concerning what happened next during the car stop is in sharp conflict. According to Mr. Glass, Officers Vales and Rockeymore drew their weapons as they exited the patrol car and approached Mr. Glass and Kareem’s vehicle. The officers reportedly yelled “stop, motherfuckers before we blow out your motherfucking brains.” Trial Tr. 32:16-18, Jan. 18, 2006. According to Mr. Glass, Officer Rockeymore approached him, grabbed him by his collar and put a gun to his head. Trial Tr. 34:10-19, Jan. 18, 2006. Officer Rockeymore, pulling on Mr. Glass’s collar, used his knee to force Mr. Glass towards his car, asking “whose fucking car is this?” Trial Tr. 35:4, Jan. 18, 2006. Also according to Mr. Glass, Officer Vales approached Kareem, also with a gun pointed at Kareem’s head. Trial Tr. 35:9-11, Jan. 18, 2006. Meanwhile, other police personnel began to arrive on the scene as back-up and a crowd began to gather in front of the Glass house. Trial Tr. 36:13-15, Jan. 18, 2006. According to Mr. Glass, he tried to explain to the officers that he had the proper paperwork for the car, but to no avail. Trial Tr. 37:21-24, Jan. 18, 2006. Mr. Glass and Kareem were then handcuffed and placed in a police car. Meanwhile, Ms. Malloy, who had just arrived at Mr. Glass’s house prior to the incident, testified that she witnessed the incident from Mr. Glass’s front porch. Trial Tr. 129:16-20, Jan. 19, 2006. She testified that she attempted to intervene, asking the officers why they were arresting Mr. Glass and Kareem. According to Ms. Malloy, as she approached the scene, another unnamed officer drew his weapon, pointed it at her and said “motherfucker, step aside or I’ll blow your motherfucking brains out.” Trial Tr. 134:4-7, Jan. 19, 2006. Ms. Malloy testified that, from inside the house, she saw Mr. Glass being handcuffed by Officer Rockeymore and heard Mr. Glass complain that the handcuffs were too tight. Trial Tr. 139:7-140:6, Jan. 19, 2006. She also testified that she saw Mr. Glass and Kareem being placed in the police car, after which she observed the following: as they were pulling away, Officer [sic] Marcus and McKenny, they were high-flying each other up in the air, saying hey, we got them niggers now. They want their civil rights. We’ll give them their fucking civil rights. Lieutenant Lampe and a couple of other people down the 9th District are going to be real fucking happy. Trial Tr. 138:15-21, Jan. 19, 2006. Officers Rockeymore and Vales tell a different story. According to Officer Rockeymore, Mr. Glass and Kareem initially ignored the officers’ attempt to stop the vehicle. Officer Rockeymore testified that Mr. Glass got out of the car and walked toward his home “with a nonchalant attitude.” Trial Tr. 98:5-99:14, Feb. 2, 2006. As Officer Rockeymore exited the patrol car to approach the black Acura, he drew his weapon. Initially, the weapon was pointed at the ground, but when Officer Rockeymore got closer to the car, he pointed his weapon at the vehicle. Trial Tr. 133:12-15, Feb. 2, 2006. Officer Rockeymore denies ever placing his gun to Mr. Glass’s head during the vehicle stop. Trial Tr. 152:7-9, Feb. 2, 2006. Officer Rockeymore does not remember seeing Ms. Malloy at the scene. Trial Tr. 153:20-154:10, Feb. 2, 2006. Officer Vales remembers that he approached Kareem with his gun in the “low ready position,” which is out of the holster but facing downward, and raised it to the “shooting position” at some point, which is aimed at the center mass with the officer’s finger outside of the trigger guard. Trial Tr. 9:12-10:17, Feb. 13, 2006. Officer Vales did not recall ever pointing his gun at Kareem’s head. Trial Tr. 16:5-13, Feb. 13, 2006. While he remembered seeing Ms. Malloy at the scene, he denied pointing a gun at her. Trial Tr. 33:20-34:25, Feb. 13, 2006. While still on the scene of the vehicle stop, police radio confirmed the following: On the VIN, a ’90 Acura [the car driven by Kareem], never validated, no tag assigned, owner is listed as one Reuben Glass. Resides 822, North 19th Street, Philadelphia, Pennsylvania, the zip is 19130, no tag assigned and showing no warrants on it. Pis.’ Ex. 43A at 7:15-19 (transcript of police radio communications for the stop). Thereafter, Mr. Glass and Kareem were transported to the Ninth District in a police wagon. The police radio transmission stated the Mr. Glass and Kareem were “going in for investigation.” Pis.’ Ex. 43A at 6:1-2. While Mr. Glass and Kareem were still at the Ninth District, Officer Auman, the Sixth District officer who had pursued the black Acura, arrived to identify the vehicle. At that time, Officer Auman stated that the ear driven by Kareem that night “appeared” to be the same black Acura he had pursued two nights before. Trial Tr. 35:14-25, Feb. 14, 2006. After a few hours of custody, Mr. Glass and Kareem were released and not criminally charged. Kareem was issued four traffic citations: (1) unlawful plate display because the tag was registered to a Fiat; (2) unlicensed driver because Kareem did not have a driver’s license; (3) lack of required financial responsibility; and (4) unregistered vehicle. Pis.’ Ex. 38 at 1-4. a. February 12, 1998 meeting At the request of Mr. Glass, Councilman Darrell Clarke, who was then City Council President John Street’s chief of staff, asked Inspector Tiano to arrange a meeting to address Mr. Glass’s complaints. Trial Tr. 138:1-12, Feb. 21, 2006. In turn, Inspector Tiano held a meeting on February 12, 1998 at the Ninth District police station. Trial Tr. 84:18-23, Jan. 18, 2006. Present at the February 12, 1998 meeting were Mr. Glass, Ms. Malloy, Councilman Darrell Clarke, Frederick Snead, Inspector Tiano (commanding officer of the Ninth District in 1998) and Captain Ditchkofsky (captain of the Ninth District in 1998). Trial Tr. 85:1-4, Jan. 18, 2006. During the meeting, Mr. Glass informed Inspector Tiano and Captain Ditchkofsky about the pending lawsuit (Glass I) and identified the named defendants in that case. Trial Tr. 86:6-17, Jan. 18, 2006. Mr. Glass also described his concerns with Lieutenant Lampe and Sergeant Craig-head regarding his written statement prepared by Lieutenant Lampe for the investigation of Mr. Glass’s citizen’s complaint, IAD 98-04. Trial Tr. 86:22-87:1, Jan. 18, 2006. According to Mr. Glass, Captain Ditchkofsky “tore it [the typed statement prepared by Lieutenant Lampe] up and threw it in the trash and said there, that’s done with” and then offered to take Mr. Glass’s statement himself. Trial Tr. 91:14-15, 91:25-91:1, Jan. 18, 2006. Sometime after the meeting, Captain Ditchkofsky reportedly helped Mr. Glass retrieve the black Acura from police custody following the February 12, 1998 meeting. Trial Tr. 149:1-3, Jan. 31, 2006. Also, Captain Ditchkofsky reiterated his willingness to take Mr. Glass’s statement concerning the January 1, 1998 incident directly, and with Mr. Glass’s lawyer present, in an effort to remedy any perceived problems Mr. Glass had with the statements taken by Lieutenant Lampe and Sergeant Craighead. Trial Tr. 149:4-8, Jan. 31, 2006. Mr. Glass never went back to have Captain Ditchkofsky take a new statement. Trial Tr. 148:21-22, Jan. 31, 2006. On March 10, 1998, the trial in Glass I was rescheduled to begin on May 1, 1998. Mar. 10, 1998 Order, 96-2752 (doc. no. 48). b. IAD 98-132 On April 2, 1998, Mr. Glass filed a complaint — IAD 98-132 — against Officer Rockeymore for physical abuse during the February 10, 1998 incident in front of the Glass house. The complaint also described allegations of harassment by Officers Marcus and McKenny, including Mr. Glass’s dissatisfaction with the decision by IAD to allow the Ninth District to investigate his earlier complaint. Pis.’ Ex. 21 at 149. Lieutenant Gary Blackwell of IAD was assigned to investigate IAD 98-132. Trial Tr. 9:13-10:5, Feb. 15, 2006, vol. 2. Lieutenant Blackwell investigated only the allegations against Rockeymore; and he did not address any other allegations in the complaint. Trial Tr. 19:10-13, Feb. 15, 2006, vol. 2. Lieutenant Blackwell’s first action was to try to interview Mr. Glass concerning the allegations in his complaint. To that end, Lieutenant Blackwell telephoned Mr. Glass and sent letters to him via certified and regular mail requesting a statement and telephoned Mr. Glass. Mr. Glass declined to make an appointment and failed to call back. Lieutenant Blackwell then visited the Glass home where Mr. Glass again refused to give a statement and reported that his attorney would call back Lieutenant Blackwell. Pis.’ Ex. 21 at 144-45. Accordingly, the interview with Mr. Glass was never scheduled. Lieutenant Blackwell then interviewed Gail Clarke, a/k/a “Ms. Cookie,” reportedly an eyewitness identified by Mr. Glass, who said she only saw Mr. Glass being placed in a police car. Pls.’s Ex. 21 at 145. None of Mr. Glass’s other witnesses responded to Lieutenant Blackwell’s requests for interviews. Lieutenant Blackwell also interviewed Police Officers Brodheim, Clark, Balzer, Au-man, Marcus and Rockeymore. On July 2, 1998, Lieutenant Blackwell requested to close the investigation for lack of cooperation by the complainant, Mr. Glass. Pis.’ Ex. 21 at 145. The request was approved and the investigation was closed without findings. Pis.’ Ex. 21 at 145. 4. The Glass I trial begins and Kareem is arrested On April 27, 1998, the trial in Glass I was again rescheduled to begin on May 4, 1998. Apr. 27, 1998 Order, 96-2752 (doc. no. 52). On the first day of trial, Tamara Floyd, Joseph Russell and George Doggett, witnesses for Kareem, were at the courthouse willing to testify. Trial Tr. 125:10-12, Jan. 18, 2006. Two other witnesses listed did not appear. Mr. Glass waited in the hallway outside of the courtroom with the witnesses while the trial was held. Trial Tr. 131:20-22, Jan. 18, 2006. Early in the trial, the Glasses called their expert witness, Dr. Orrin Davinsky, to the stand. After his testimony was completed, according to Mr. Glass, the officers exiting the courtroom looked “shook up” and he assumed the expert must have given “some good testimony.” Trial Tr. 132:1, 11-12, Jan. 18, 2006. The next day, the trial would take an unexpected turn. a. The Derek Bohannon case and word of Kareem’s impending arrest during the trial of Glass I i. The Bohannon complaint In April of 1998, a few days before the trial in Glass I began, Derek Bohannon accused Kareem of assault and filed a complaint with the police. Derek Bohannon was a childhood Mend of Kareem’s. Detective Sean Brennan of Central Detective Division was assigned to the investigation of Bohannon’s complaint. According to the Investigation Report prepared by Detective Brennan, Bohannon alleged that on April 10, 1998 while riding in a green Oldsmobile with his Mends, Bohannon saw Kareem at the corner of 16th and Brown Streets. Pis.’ Ex. 5 at 68. Allegedly, Kareem pulled a gun from his waist, pointed it at Bohannon and shot twice. Pis.’ Ex. 5 at 68. Bohannon immediately drove away and was not injured. Detective Brennan further stated in the Investigation Report that the shooting was related to an earlier fight between Bohannon and Kareem on March 13,1998, where Kareem allegedly stabbed Bohannon six times. Pl.’s Ex. 5 at 68. Detective Elizabeth Dotchel was assigned to the investigation of the March 13,1998 stabbing of Derek Bohannon. According to Dotchel’s Investigation Report, Bohannon “was at 1500 Girard and a Hispanic male came up to him and stabbed him five times.” Pis.’ Ex. 5 at 63. Detective Dotchel testified that Kareem was never implicated during her investigation of the stabbing of Derek Bohannon. Trial Tr. 116:6-8, 118:10-13, Feb. 2, 2006. Moreover, Detective Dotchel never interviewed Derek Bohannon about the March 13, 1998 stabbing or had any contact with Bohannon. Trial Tr. 122:4-8, Feb. 2, 2006. After being assigned the Bohannon complaint against Kareem, Detective Brennan testified that he interviewed Detective Dotchel on May 7, 1998 at 11:00 a.m. Detective Brennan testified that Detective Dotchel told him that Kareem was the defendant in the stabbing case. Pis.’ Ex. 5 at 58. Although Detective Dotchel recalled that she had a telephone conversation with Detective Brennan that day, she denied that she was ever interviewed by Detective Brennan concerning Kareem during that call. Trial Tr. 113:19-114:2, Feb. 2, 2006. At trial, Detective Dotchel testified that she thought that, during the telephone conversation, Detective Brennan was referring to a separate complaint from the Bohannon stabbing that she was investigating. Trial Tr. 114:14r-23, Feb. 2, 2006. She requested that Detective Brennan send Bohannon to her office because she needed to conduct an interview regarding the stabbing. Trial Tr. 114:2-7, Feb. 2, 2006. Bohannon never went to Detective Dotchel’s office and Detective Dotchel never heard anything further from Detective Brennan. Trial Tr. 114:8-12, Feb. 2, 2006. ii. The arrest warrant Detective Brennan interviewed Derek Bohannon regarding the alleged shooting assault by Kareem on April 10, 1998. Trial Tr. 100:6-8, Feb. 3, 2006. Sometime after that interview, Detective Brennan visited the Glass home in an attempt to interview Kareem. Trial. Tr. 93:23-94:9, Jan. 18, 2006. During the visit, Detective Brennan informed Mr. Glass that he did not want to arrest Kareem, but rather he only wanted to ask Kareem some questions. Mr. Glass offered to bring Kareem to the Ninth District for an interview. Trial Tr. 95:5-8, Jan. 18, 2006. According to Mr. Glass, Kareem called Detective Brennan several times, but never spoke to him. Trial Tr. 95:9-16, Jan. 18, 2006. About two and a half weeks later, on April 26, 1998, Detective Brennan submitted via facsimile an affidavit of probable cause for an arrest warrant for Kareem in the Bohannon shooting incident to the district attorney’s office for approval. Trial Tr. 108:6-109:14, Feb. 3, 2006; Pis.’ Ex. 5 at 70. On that date, Assistant District Attorney (“ADA”) Hardwell approved the affidavit of probable cause for arrest. Pis.’ Ex. 5 at 70. This is where things stood as the trial in federal court in Glass I began on May 4,1998. On May 6, 1998, during the second day of trial, an unidentified male officer telephoned Detective Brennan inside Central Detectives “and asked if I [Detective Brennan] had a warrant for Kareem Glass.” Trial Tr. 89:13-91:8, Feb. 3, 2006. Detective Brennan responded that he did not have a warrant, but he did have an affidavit approved by the ADA. Trial Tr. 91:10, Feb. 3, 2006. “His next information was that if I [Detective Brennan] wanted to arrest him [Kareem], he [Kareem] would be in Federal court the next day at nine a.m.” Trial Tr. 91:18-19, Feb. 3, 2006. According to Detective Brennan, the unidentified officer did not indicate why he was conveying this information to him, nor did Detective Brennan inquire as to the caller’s motive, identity or reason for the call. Trial Tr. 92:19-93:7, Feb. 3, 2006. At deposition, however, Detective Brennan testified that he had not been, advised that Kareem was in federal court on trial. Trial Tr. 94:4-13, Feb. 3, 2006. At trial, Detective Brennan was not able to reconcile his deposition testimony and his testimony at trial on this point. Trial Tr. 11-19, Feb. 3, 2006. Late in the afternoon of May 6, 1998, at sidebar, defense counsel Shelley Smith informed the Court that she had learned of an outstanding arrest warrant for Kareem for aggravated assault. Glass I, Trial Tr. 209:6-17, May 6, 1998. Ms. Smith told the Court that, as she spoke, a detective was en route to the courthouse to arrest Kareem. Glass I, Trial Tr. 209:13-16, May 6, 1998. The Court then dismissed the jury and conferred with the parties off the record. Glass I, Trial Tr. 210:7-212:17, May 6,1998. That same evening, May 6, 1998, Detective Brennan appeared before Bail Commissioner Ivan Hill at 9:40 p.m. to affirm the information in the affidavit of probable cause. Trial Tr. 113:10-22, Feb. 3, 2006. According to Mr. Glass, the news that a detective was on his way to arrest Kareem at the courthouse soon spread to the witnesses waiting to testify. Also according to Mr. Glass, the witnesses left the courthouse immediately and became unavailable. Trial Tr. 132:16-18, Jan. 18, 2006. Thereafter, plaintiffs did not subpoena the witnesses or take any other steps to secure their appearance in Court. Trial Tr. 132:21-133:6, Jan. 18, 2006. The next morning, on May 7, 1998, Kareem surrendered himself to Central Detectives Division, which is located inside the Ninth District headquarters. Glass I, Trial Tr. 6:18-24, May 7,1998. b. Settlement and release of Glass I On May 8, 1998, the parties informed the Court of an agreement to settle the case for a sum of $325,000 in exchange for a release. Glass I, Trial Tr. 5:15-6:9, May 8, 1998. The Court dismissed the case with prejudice pursuant to Local Rule 41.1(b). May 12, 1998 Order, 96-2752 (doc. no. 61). Within a month of the close of trial, on May 29, 1998, defendants presented Mr. Glass and Kareem with a release to be executed as part of the settlement. Trial Tr. 3:11-24, Jan. 19, 2006. However, only Kareem actually signed the release; Mr. Glass did not. 5. August 31, 1998 arrest of Kareem On August 31, 1998, Kareem was arrested by Ninth District Officer Campbell while driving a car registered to Ms. Malloy. Trial Tr. 147:12-21, Jan. 18, 2006. Officer Campbell’s incident report states that the car, a green Honda, was observed traveling at a “high rate of speed NB [northbound] on 20th St. weaving in and out of traffic, with no regard for ped[estrians] or other vehicles], disregarding traffic signals.” Pis.’ Ex. 39. Officer Campbell testified that “the car was being operated by one Kareem Glass, he couldn’t identify her [Ms. Malloy] as being the owner of a green Honda. And Kareem was brought into the 9th District under my orders for investigation of possibly it being a stolen Honda prior to it being reported.” Trial Tr. 25:9-13, Feb. 23, 2006. Mr. Glass and Ms. Malloy went to the Ninth District police station to retrieve the car driven by Kareem. Trial Tr. 148:7-11, Jan. 18, 2006. While at the Ninth District, Ms. Malloy informed Officer Campbell that Kareem had permission to drive her car. Trial Tr. 148:17-149:4, Jan. 18, 2006. Officer Campbell issued Ms. Malloy a traffic citation for allowing an unlicensed driver to operate her car. Trial Tr. 26:4-12, Feb. 23, 2006. Kareem was later released without being charged. Trial Tr. 149:6-9, Jan. 18, 2006. 6. September 16, 1998 conflict tuith Officer McKenny and IAD 98-369 On September 16, 1998, Mr. Glass and Kareem attended a preliminary hearing on the Bohannon assault case involving the alleged shooting. Trial Tr. 149:12-150:2, Jan. 18, 2006. The Bohannon case was dismissed that day. According to Mr. Glass, while driving home from the hearing, Officer McKenny followed him and Kareem. Trial Tr. 150:7-10, Jan. 18, 2006. According to Mr. Glass, as he approached the driveway to his residence, his daughter Inez Glass flagged him down to speak with him. However, he could not pull into the driveway because it was blocked by construction materials, so he double-parked the car to speak with Inez Glass. Trial Tr. 151:10-15, Jan. 18, 2006. Officer McKenny began honking his horn and appeared to be writing a ticket. Trial Tr. 152:8-12, Jan. 18, 2006. Further, according to Mr. Glass, Officer McKenny honked his horn and drove past his car and told Kareem, who was seated in the front seat next to Mr. Glass: “I’m going to fuck you up.” Trial Tr. 154:9-11, Jan. 18, 2006. Officer McKenny’s version of the incident is different. He testified that he noticed the double-parked vehicle and used his air horn to indicate to the driver to move his vehicle. Trial Tr. 97:13-17, Feb. 17, 2006. Mr. Glass then made a hand gesture toward Officer McKenny and said “Go the F[uck] around.” Trial Tr. 97:17-18, Feb. 17, 2006. Traffic had begun to pile up and Officer McKenny again used his air horn to signal Mr. Glass to move his car and, according to Officer McKenny, Mr. Glass again disregarded the officer. At that point, Officer McKenny pulled over to issue Mr. Glass a ticket, but realized he did not have any tickets. Trial Tr. 97:18-21, Feb. 17, 2006. Officer McKenny testified that he radioed for a patrol car with an officer with parking tickets to meet him at the scene. In a few minutes, a patrol car driven by Officer Jemma Muhammad arrived on the scene. In the meantime, Mr. Glass had retrieved his camera and was taking pictures of the police cars at the scene. Trial Tr. 97:21-98:3, Feb. 17, 2006. Officer McKenny then left the scene without issuing a ticket. Trial Tr. 98:1-3, Feb. 17, 2006. Following the September 16, 1998 incident, Mr. Glass filed a complaint, IAD 98-369. Pis.’ Ex. 22. The complaint included not only the conduct of September 16, 1998, but also Mr. Glass’s opinion that Officer McKenny was angry that the Bohannon case had been dismissed by the court. Captain Ditchkofsky assigned the complaint to Lieutenant Robert Nudd for investigation of the September 16, 1998 incident only, not of Mr. Glass’s general claim of harassment. Trial Tr. 118:20-122:8, Mar. 3, 2006. Lieutenant Nudd attempted to contact Mr. Glass for an interview by telephone, registered mail and home visits. Trial Tr. 98:12-16, Mar. 3, 2006. Although Lieutenant Nudd spoke with Mr. Glass and scheduled an appointment, Mr. Glass did not appear for the interview. Trial Tr. 98:17-21, Mar. 3, 2006. Moreover, none of Mr. Glass’s witnesses recalled the occurrence, with the exception of Roy Crockett, who remembered seeing a black male taking pictures of a police car. Pis.’ Ex. 22 at 2-3. Lieutenant Nudd testified that he also canvassed the neighborhood for witnesses and spoke with some members of the community who “were able to provide ... some insights.” Trial Tr. 99:2-6, Mar. 3, 2006. Ultimately, however, Lieutenant Nudd “concluded that the allegation against Officer McKenny by Mr. Glass was frivolous and that the evidence did not support the allegation[, and] exonerated him of verbal abuse and harassment in the case.” Trial Tr. 101:1-3, 7-8, Mar. 3, 2006. Lieutenant Nudd also noted that Mr. Glass had filed two prior complaints naming Officer McKenny, but had failed to cooperate in the Ninth District’s investigation of both complaints. Pls.’s Ex. 22 at 3. 7. The FTA bench warrant in the Bohannon case After the parties settled Glass I, Kareem was still the subject of an ongoing investigation regarding the complaint made by Derek Bohannon that Kareem fired two gunshots at him, for which Kareem had surrendered in the midst of the Glass I trial. Trial Tr. 5:2-19, Jan. 19, 2006. Kareem and/or Mr. Glass filed several IAD complaints following a series of arrests pursuant to an allegedly invalid failure to appear (“FTA”) bench warrant related to one of several preliminary hearings associated with the assault charge. On several occasions between November 22, 1998 and January 13, 1999, Kareem was arrested pursuant to a bench warrant. Plaintiffs claim the warrant was “phony,” meaning it was never validly entered into the police computer system and it was introduced into the computer system for the purpose of creating a pretext to arrest Kareem. a. The warrant system At issue are bench warrants, which originate in the clerk of court’s office, not with the police department. Trial Tr. 127:24-128:5, Feb. 22, 2006. To understand the nature of this claim, the Court will describe the operation of the warrant system employed by the Philadelphia Police Department at the relevant time. In 1998, warrant entry and removal from the court system, numbering in the thousands, occurred daily. Trial Tr. 129:5-6, Feb. 22, 2006. Every day, the court system created two tapes. One tape was an add tape, which added new bench warrants to the system. The other tape was a delete tape, which canceled warrants from the system. The Mayor’s Office of Information Systems, where the Philadelphia Crime Information Center’s (“PCIC”) mainframe was located, would “run” the tapes Monday through Friday. Trial Tr. 128:16-129:6, Feb. 22, 2006. The entry of a warrant into the system generated a “wanted message.” Philadelphia police officers retrieved information pertaining to wanted persons, stolen property or missing persons from the PCIC, or its national counterpart, the National Crime Information Center (“NCIC”), via computer. Trial Tr. 117:14-118:3, Feb. 22, 2006. One of the purposes of the PCIC system was to allow an officer on the street in the course of a stop to determine if there were any outstanding warrants for the person in question. The Data Processing Unit (“DPU”) was a division of the PCIC housed at police headquarters, on 8th and Race Streets. Trial Tr. 118:18-21, Feb. 22, 2006. Members of the DPU inputted information into the computer system, a function that could only be performed while inside room 211 of police headquarters. Trial Tr. 119:17-19, Feb. 22, 2006. In addition, so-called “sworn” members of the Police Department, i.e. detectives, narcotics or special victims officers, also had the authority to request that the DPU input a “wanted message” into the system. Trial Tr. 121:4-122:15, Feb. 22, 2006. To do so, a detective would send a teletype message to room 211 and a PCIC operator would enter that “wanted message” into the computer system with the understanding that the “wanted message” was supported by an actual arrest warrant. Trial Tr. 125:13-126:17, Feb. 22, 2006. There were certain checks in place to ensure “wanted messages” entered into the police computer system by court tapes or by “sworn” officers were valid. Bench warrants created by the court system were validated by the court tapes, which were run Monday through Friday. The PCIC relied on these tapes to ensure the accuracy of the bench warrant files. A PCIC operator would not delete a “wanted message” related to a bench warrant from the system other than through the daily delete tapes or pursuant to a request made by the courts. Trial Tr. 136:11-23, Feb. 22, 2006. In addition to the daily tapes, the PCIC conducted a bi-annual “purge” of the bench warrant database. All bench warrants would be deleted from the database and then reloaded from a new tape supplied by the court system. Any bench warrant that was no longer valid after the purge would not be on the tape supplied by the courts and would not be reentered into the PCIC. Trial Tr. 28:6-12, Mar. 2, 2006. The validation process for “wanted messages” generated by detectives and other “sworn” officers occurred monthly. Trial Tr. 126:20-24, Feb. 22, 2006. The PCIC printed out a list of the wanted files generated by each division or investigatory unit, such as the Central Detectives Division or the Narcotics Unit. The list was then sent to the commanding officer of each division or investigatory unit, who would pull the actual (arrest) warrants and match them with the (arrest) warrant entries in the PCIC records. The commanding officers then sent the list, with any corrections or remarks, back to PCIC. Trial Tr. 127:1-9, Feb. 22, 2006. PCIC relied upon the audit conducted by each investigatory unit, and did not independently verify the information that supported the “wanted messages” generated by each investigatory unit. Trial Tr. 127,10-13, Feb. 22, 2006. In addition, PCIC had a “quality control staff,” which checked the operators’ work for the last 24 hours. Each morning, the quality control staff “scour[ed]” the work from the previous day, “looking for any mistakes or any inconsistencies or any violations of our own [PCIC’s] procedures or protocols within the unit.” Trial Tr. 40:7-11, Mar. 2, 2006. Only PCIC employees were able and had the authority to actually delete warrants from the system. b. November 22, 1998 arrest and I AD 98-502 On November 22, 1998, Kareem was arrested pursuant to the FTA bench warrant. Pis.’ Ex. 23 at 454. The arrest followed a traffic stop of a vehicle in which Kareem was a passenger. According to Ninth District Officer James Barrett, he performed the vehicle stop at 16th Street and Ridge Avenue because the vehicle had expired temporary registration tags. Pis.’ Ex. 23 at 454-55. Officer Frederick Simpkins, according to the IAD investigation report, stated that he heard the traffic stop over the police radio and arrived on the scene as back up to assist Officer Barrett, who had been patrolling alone. Pis.’ Ex. 23 at 455. According to Officer Barrett, the driver of the vehicle could not produce a driver’s license or any vehicle registration documents. Pis.’ Ex. 23 at 455. Therefore, he proceeded to ask all occupants of the vehicle for their names. Officer Barrett than ran the names through the computer in his police car and discovered that Kareem was wanted on a bench warrant. Pis.’ Ex. 23 at 455. Officer Barrett released the other occupants of the vehicle and took Kareem to the Ninth District. Once at the Ninth District, Officer Barrett telephoned the warrant unit and was instructed to give Kareem a new court date and to release him from custody. Pis.’ Ex. 23 at 455. Officer Barrett issued Kareem a “Notice of Appearance” for 8:00 a.m. on January 13, 1999 at 34 S. 11th Street and released him. Pis.’ Ex. 23 at 472. Kareem filed a complaint, IAD 98-502, on November 28, 1998, the day after the traffic stop, against Officer Simpkins and a white male officer whose description matches that of Officer Barrett. Pis.’ Ex. 23. Kareem complained that the bench warrant was not valid, since he had appeared for every scheduled hearing in the Bohannon matter. Kareem also complained that the “Notice of Appearance” he received from Officer Barrett directly conflicted with another notice previously issued. IAD assigned Lieutenant Blackwell to investigate the complaint, IAD 98-502. During that investigation, Lieutenant Blackwell interviewed Kareem, Officer Barrett and Officer Simpkins. Pis.’ Ex. 23 at 459-64. He also reviewed the notices to appear (on the same date and time but at different locations), of which Kareem complained, and he retrieved a record of the computer inquiry performed by Officer Barrett during the traffic stop. Pis.’ Ex. 23 at 467-472. Lieutenant Blackwell concluded that Officer Barrett “conducted a proper vehicle investigation” and Officer Simpkins’s “only role was as back up,” therefore exonerating both officers of any wrongdoing. Pis.’ Ex. 23 at 456. e. December 22, 1998 arrest and IAD 98-527 On December 22, 1998, Kareem again was arrested for the FTA bench warrant during a vehicle stop. Pis.’ Ex. 24. At approximately 12:30 a.m., according to her IAD interview, Ninth District Officer Doreen Bright observed a vehicle at 16th and Poplar Streets with inoperative taillights and an expired registration tag. Pis.’ Ex. 24 at 265. According to the IAD interview, she stopped the vehicle and asked the driver for his license, registration and proof of insurance. Pis.’ Ex. 24 at 265. When Kareem could not produce that information, Officer Bright took his name and birth date and ran that information through the computer in her patrol car. The computer displayed that Kareem had an FTA bench warrant. Pis.’ Ex. 24 at 265. Officer Bright then proceeded to arrest Kareem and bring him to the Ninth District pending the “Identification Process.” Kareem was fingerprinted at approximately 3:09 a.m., and the Offender Processing Unit confirmed his identity by 4:01 a.m. Pis.’ Ex. 24 at 253. Next, the Warrant Unit was contacted and it was determined that the bench warrant was invalid because the Bohannan case had been “disposed of’ on October 4, 1998. Pis.’ Ex. 24 at 263. Kareem was released at approximately 4:30 a.m. on December 22,1998. Pis.’ Ex. 24 at 254. As a result of this incident, Kareem filed a complaint, IAD 98-527, against Officer Bright for false arrest during the December 22, 1998 traffic stop. Pis.’ Ex. 24. Kareem alleged that he explained that the warrant was invalid and he subsequently was held in custody for over eight hours before his release. Pis. Ex. 24 at 256. IAD assigned Sergeant Joseph Rossa to investigate the compl