Pennsylvania man takes police officers to court over alleged assault caught on video
PITTSBURGH -- A federal lawsuit was filed Wednesday against two western Pennsylvania police officers accused of using “excessive and unnecessary force” on a drug suspect already in police custody, CBS Pittsburgh station KDKA-TV reports.
The incident happened in April 2015 but is just coming to light because of the lawsuit and the release of surveillance video of the alleged assault by the attorney for the man who was in custody.
Joshua Brooks, 21, was taken into custody by Elizabeth Borough police officers on a charge of suspected heroin possession.
While at an Elizabeth police station, the lawsuit claims Officer Garrett Kimmel became physically abusive to Brooks when he refused to sit down.
At the time, Brooks had one of his ankles shackled to a bench and had an arm in a cast. On the police video, Kimmel can be seen choking and punching Brooks, using his forearms, hands and knees to hold him down, according to attorney Todd Hollis, who is representing Brooks.
Officer Dan Verno apparently hears the commotion, enters the room and pulls Brooks away from Kimmel, who then proceeds to use a Taser on Brooks, according to Hollis.
“The video is repulsive,” Hollis told KDKA-TV. “It represents everything that’s bad in a police officer. Using such excessive force when that force was unnecessary is repulsive, and it goes against everything that I think most good cops stand for.”
After the altercation in the police station, the officers filed more than 30 charges against Brooks, including assaulting a police officer and resisting arrest.
All the charges but one, drug possession, were dropped by the commonwealth. Brooks pleaded guilty to the possession charge and was sentenced to probation.
Hollis said Brooks was upset and fearful of retaliation but he wanted to go forward with the lawsuit.
Hollis said they are seeking to have a jury trial in the case. KDKA-TV reached out to the Elizabeth Borough Police Department for reaction to the lawsuit, but no one responded to its inquiry.
