The incident happened on March 23 around 10:20 p.m. at a gas station on the 100 block of East Champlost Avenue in the city's Olney section.
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Jacob Giddings was sitting in a vehicle talking with his friend when an officer came up to ask for identification and ultimately opened the door, according to the suspect's attorney, Lennon Edwards of Mills &. Edwards LLP.
Edwards says his client told the officer he was going to record the incident.
"The moment that he says that, the officer begins to pull him out of the vehicle, you see his phone drop," said Edwards.
Edwards says there was an active warrant out for Giddings' arrest for an incident in November 2020, but he claims his client had no knowledge of that.
According to Edwards, the officer who arrested Giddings then allegedly deleted the video of the arrest on Giddings' phone, and that act was all captured on police body camera.
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However, it remains unclear if the video was in fact deleted.
The lawsuit filed against the police department is seeking monetary damages.
Philadelphia Police Commissioner Danielle Outlaw said the officer is on administrative duty pending the outcome of the internal affairs investigation.
"We are aware of this incident and he's actually been on restricted duty since I believe April. But there is an active and ongoing internal affairs investigation right now," said Outlaw.