Trooper fired after arresting Philly LGBTQ+ official in viral incident sues for racial discrimination
Andrew Zaborowski's lawsuit says arresting Celena Morrison-McLean and her husband, Darius McLean, had nothing to do with race — but that his firing from the Pennsylvania State Police did.
The former state trooper who arrested a Philadelphia LGBTQ+ official in 2024 says race played a role in the viral saga and its aftermath — but not in the way that has been discussed so far.
In a lawsuit filed Tuesday against the Pennsylvania State Police, Andrew Zaborowski says he was “falsely accused” of racial profiling and terminated because he is white.
The law enforcement agency opened an internal investigation into the March 2, 2024, stop in which Zaborowski arrested Celena Morrison-McLean, who at the time was the head of Philadelphia’s Office of LGBTQ+ Affairs, and her husband, Darius McLean. The state police terminated Zaborowski two months later.
Zaborowski’s complaint, filed in the Eastern District of Pennsylvania, asks for back pay with interest, compensatory damages, and punitive damages without specifying the amounts.
“African-American and Black Troopers employed by the PSP have committed serious offenses and have not been disciplined and/or have not suffered the harsh discipline of termination,” the lawsuit says.
The state police declined to comment on the active litigation.
» READ MORE: Ex-Philadelphia LGBTQ official sues Pennsylvania State Police for 2024 traffic stop that led to arrests
The lawsuit is the second against the state police in relation to the traffic stop on I-76.
In August, the couple filed a lawsuit in Common Pleas Court accusing the law enforcement agency of negligent hiring, retention, and supervision and Zaborowski of assault, false imprisonment, and battery.
The viral stop
Morrison-McLean was driving with an expired and suspended registration, with illegally tinted windows, and without illuminated headlights while it was raining, state police previously said.
Zaborowski signaled Morrison-McLean to pull over, and McLean followed in his rental car.
The couple say in their lawsuit that Zaborowski approached McLean’s vehicle “with his service weapon drawn.” Zaborowski forcibly removed McLean from the vehicle and pushed him to the ground, according to the August complaint.
In a video recorded by Morrison-McLean, the trooper can be heard yelling, “Do you want to get tased?,” and responding “shut the f— up" after Morrison-McLean says: “I work for the mayor! I work for the mayor!”
» READ MORE: What we know about the Philly LGBT official detained by Pa. State Police
At one point, the couple accuses Zaborowski of racial profiling.
The two were arrested and held for roughly 12 hours, according to the suit.
State police initially filed several misdemeanor and summary charges, but the district attorney’s office declined the charges “pending additional review.” Court records indicate no charges have been filed against them.
Speaking about the incident a few days later, Morrison-McLean said she felt helpless.
“It’s disheartening that as Black individuals, we are all too familiar with the use of the phrase ‘Stop resisting’ as a green light for excessive force by law enforcement,” Morrison-McLean said at the time.
‘Favoritism’ in state police
Zaborowski‘s lawsuit does not provide a play-by-play of the stop from his point of view, but it gives an overall description of the events.
After conducting a “lawful traffic stop,” the suit says, Zaborowski pulled his patrol vehicle behind Morrison-McLean’s car. McLean pulled behind him unexpectedly shortly after.
The duo “refused to obey verbal commands and were aggressive and threatening,” the complaint says. That required Zaborowski to arrest both following a struggle.
The incident was “stressful and dangerous,” the suit says, and Zaborowski followed his training and state police procedures.
» READ MORE: The first Philly police DEI chief was victim to the discrimination she was hired to fix, lawsuit says
“Plaintiff’s actions regarding the traffic stop did not have anything to do with the occupants’ race,” the complaint says.
Zaborowski’s attorney did not respond to a request for comment.
The state police terminated Zaborowski without hearing or notice, according to the lawsuit. The suit also names the commissioner, Col. Christopher Paris, and accuses him of discrimination.
Stephen Polishan, president of the Pennsylvania State Troopers Association, and Pennsylvania Treasurer Stacy Garrity, a Republican candidate for governor, criticized the dismissal.
The complaint says the real reason for his termination was his race and the color of his skin.
Zaborowski says in the suit that he has Black coworkers who committed serious offenses and were not fired. The complaint does not describe the nature of the offenses or provide examples.
“Plaintiff’s aforesaid African-American and Black co-workers have been treated with favoritism while he was treated with unwarranted and unfair scrutiny and disciplined with termination,” the suit says.