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Ex-Philly police inspector who struck 2020 protester with baton sues DA Larry Krasner and city over a ‘corrupt investigation’

Joseph Bologna — who was charged with but ultimately found not guilty of assaulting a protester with his baton in 2020 — claimed District Attorney Larry Krasner conducted a "corrupt investigation."

Philadelphia police officer Joseph Bologna Jr. turned himself in to face aggravated assault charges in June 2020. Those charges were later dismissed, and he was ultimately found not guilty of a series of lesser offenses.
Philadelphia police officer Joseph Bologna Jr. turned himself in to face aggravated assault charges in June 2020. Those charges were later dismissed, and he was ultimately found not guilty of a series of lesser offenses.Read moreStaff Photographer

Former Philadelphia police commander Joseph Bologna — who was charged with but ultimately found not guilty of assaulting a protester with his baton in 2020 — sued District Attorney Larry Krasner and the city on Friday, alleging prosecutors conducted a “corrupt investigation” that cost him his career.

The lawsuit, filed in federal court in Philadelphia, contends Krasner violated Bologna’s civil rights, and made a “bad faith, malicious decision” to charge him before the Police Department’s internal investigation into the matter was complete.

His prosecution, the lawsuit said, was part of a “long-standing pattern” by Krasner “to deprive police officers of their constitutional rights by tampering with evidence, concealing or omitting exculpatory evidence and perverting established legal standards.”

The suit, filed by Philadelphia attorneys George Bochetto and Gavin Lentz, is the latest chapter in the now yearslong saga between Bologna and the city. The former police inspector and his wife, Diana, are now seeking “vindication and just compensation” after a “4-year nightmare,” according to the suit.

Krasner, through a spokesperson, declined to comment, as did a spokesperson for the city.

Bologna, a then-31-year veteran of the force, was “suspended with intent to dismiss” in June 2020 after video circulated showing that he had struck Evan Gorski, a then-21-year-old Temple University student, with a baton during a scuffle amid the protests that followed the murder of George Floyd.

As Bologna was attempting to arrest a protester, Bologna’s lawyers said, Gorski attempted to interfere, and in response, Bologna struck him with his metal baton.

Initially, prosecutors had said Bologna struck Gorski in the head, causing a bloody laceration.

Bologna was initially charged with aggravated assault, but a judge later dismissed the case. Prosecutors refiled the charges, and Bologna was tried for simple assault and possession of an instrument of crime.

Then, in February, a jury found Bologna not guilty of both crimes.

It was also determined during the trial that Bologna struck the student in the back, and that the cut to Gorski’s head came from unintentional contact with Bologna’s bike helmet, not the baton. Gorski sued Bologna and the city and was awarded a $175,000 settlement in 2022.

A Philadelphia Police Internal Affairs investigation also found no evidence of departmental violations on Bologna’s part.

The lawsuit contends that Krasner and former Assistant District Attorney Tracy Tripp, then-supervisor of the Special Investigations Unit, acted “as advocates” and conducted a “corrupt investigation” that lacked probable cause to charge Bologna with a crime.

The suit, which also names Sgt. Gerald Rocks, then-chief of detectives for the DA’s Office, contends Krasner opted to charge Bologna without gathering all the facts. The investigation, according to the suit, “lasted less than 72 hours” — the affidavit of probable cause was approved within just three hours of officials interviewing Gorski, and Krasner issued a news release on the matter “at the same time” that Tripp approved and signed it.

Krasner’s public statements and the circulation of the video caused great harm to Bologna and his wife, the lawsuit says. The couple received threatening phone calls at their home, the suit says, and two weeks after Bologna’s arrest, someone texted him on his personal cell phone calling him derogatory names and saying “I straight up hope you die.” A police detail had to guard their home.

The couple and their children suffered sleepless nights, depression, and anxiety, according to the suit, and the charges forced Bologna to retire from the force, leading him to miss out on potential promotions and raises. They are seeking unspecified financial damages related to economic losses and emotional distress.