Judge says Philly police officer’s decision to photograph a man’s body after a suicide is ‘reprehensible,’ but protected by law

A federal judge has dismissed a lawsuit filed by a woman who said a Philadelphia police officer violated her privacy and caused her emotional harm when he took and shared a photo of her son’s body moments after he jumped to his death.

The judge said the officer’s conduct, while “reprehensible” and “conscious-shocking,” did not meet the standard for legal sanctions because the law protects officers from liability for most on-the-job conduct.

U.S. District Court Judge Mark A. Kearney this week ruled in favor of the city and officers who encountered 37-year-old Marcus Boone, standing on the ledge of a Northeast Philadelphia highway overpass, in March 2022. Officers negotiated with Boone for nearly three hours as he stood above busy Woodhaven Road, threatening to end his life, before he ultimately did. Then, as Boone lay on the pavement below, Officer Christopher Culver snapped a photo of his body and sent it to colleagues. The photo was later posted online and seen by Boone’s family.

His mother, Karen Brookins, sued the city and officers earlier this year, saying the photo violated her right to privacy and caused her irreparable harm. The suit also said responding police were not properly trained in crisis response and by their failure to intercede and help him, were responsible for his death.

The judge agreed that Culver’s actions violated Brookins’ right to privacy and sharply criticized him for that.

“The officer’s conduct is inexcusable and unworthy of the trust we place in our police,” the judge wrote. Still, he said, there was no legal precedent for sanctioning him in a civil case because the law, under the doctrine of qualified immunity, protects officers from liability for most on-the-job conduct.

Kearney’s 53-page opinion offered a detailed account of the moments before Boone’s death, including how most of the officers on scene lacked training in mental health crisis response. As Boone repeatedly called for his mother in his final moments, there was little effort to summon her, and some officers joked with one another as Boone stood a few yards away, contemplating his death.

Still, the judge said Brookins’ attorneys failed to prove that the officers’ lack of training contributed to her son’s death, and that no reasonable jury would conclude that Boone likely heard the officers’ side conversations. He also said the lawyers had not sufficiently demonstrated that the photograph had caused Brookins’ severe emotional distress.

As a consequence, he said, he had to dismiss the suit.

Culver, who retired from the department before an internal affairs investigation into his actions that day was completed, could not be reached. His attorney, John P. Gonzales, declined to comment.

Sgt. Eric Gripp, a spokesperson for the police department, said that while Culver’s actions were deemed legally protected, they were a violation of department policy and “remain unacceptable and deeply disappointing.”

“While we are not perfect, the Philadelphia Police Department cares deeply about those we serve and works tirelessly each day to save lives, often in the most challenging circumstances,” he said.

Attorneys representing the city did not respond to a request for comment.

Boone had faced mental health troubles from a young age, including bipolar disorder and paranoid schizophrenia, his family said, and in his late teens, started self-medicating with drugs. He was a vibrant son and father, they said, but cycled in and out of jail and treatment facilities.

His mother said he had been doing better. But then, on March 18, 2022, he climbed onto the outer ledge of an overpass at Knights and Woodhaven Roads.

Through the lawsuit, Boone’s mother was able to obtain body-worn camera footage and learn more about the hours and moments before her son’s death. She will never forget, she said, how he repeatedly cried out for her, yet no one called. (One detective told a colleague they called a number believed to be Boones’ mother’s, but no one answered, according to the suit.)

Inspector Anthony Luca, then-captain of the 8th District, tried to convince Boone he could get help.

“There ain’t nobody on this earth that doesn’t have mental health problems. Everybody has them,” Luca told Boone. “All four of us up here have issues.”

But other officers, she said, showed callous behavior and acted like her son “didn’t matter.”

The judge wrote that officers told Boone to “stop being silly” and that they could not help other people in need while he remained on the bridge.

Some casually talked about car detailing and home remodeling while standing about 20 feet away from the clearly distressed Boone.

At one point, someone asked a detective, “How you doing?”

”I’m enjoying this,” he said.

The judge wrote that he interpreted the comment as sarcasm and said Boone likely did not hear it.

Gripp, of the police department, said that many officers worked tirelessly and with compassion over nearly three hours to convince Boone his life was valued.

“Although some officers engaged in side conversations that may appear insensitive, these remarks were not directed at the victim and appear to have been made outside of his hearing. However, we acknowledge the public’s concern in seeing even perceived indifference within such a tragic context,” he said.

Brookins, for her part, said she was deeply traumatized by the ordeal. She now has panic attacks, suffered a stroke, and can’t sleep without medication, she said.

The outcome of the lawsuit was disappointing, Brookins said, adding that she hopes to appeal.

“I’m praying there’s enough room that we can appeal this,” she said. “I can’t accept this.”

If you or someone you know is experiencing thoughts of suicide, help is available. Call or text 988 for assistance.