From [HERE] An Elizabeth Borough police officer used excessive force, including fighting with and using a Taser on a man in his custody, and another officer failed to protect him while he was shackled to a bench, according to a federal civil rights lawsuit filed Wednesday.
The altercation was recorded on police station video, which was released by Pittsburgh attorney Todd Hollis.
“I think the video clearly shows why the public has so much distrust for the police system,” Hollis told the Tribune-Review. “It shows an officer who is using his authority in a distasteful and disgusting way, essentially assaulting an unarmed and shackled prisoner.”
The video stems from an April 17, 2015, arrest of Joshua Brooks, 21, of East Pittsburgh, who was picked up for suspicion of heroin possession.
Hollis, who represents Brooks, wrote in the lawsuit filed in U.S. District Court in Pittsburgh that Officer Garrett Kimmell “delivered multiple blows to Brooks, using his forearms, elbows and knees.”
The video shows Brooks fighting back. Hollis contended Brooks “lifted Kimmell and held him backward against the wall in an effort to restrain him and stop (Kimmell's) use of unnecessary force.”
The video shows a second officer, alleged to be Officer Dan Verno, entering the room and pulling Brooks off Kimmell.
“Kimmell then drew his Taser and Tasered Brooks,” Hollis wrote in the lawsuit.
After the altercation, officers added charges of aggravated assault of a police officer, resisting arrest, obstructing administration of law and simple assault, among others.
“After reviewing the video, the commonwealth withdrew every criminal charge with the exception of one count of possession against Brooks,” Hollis wrote.
Borough police Chief Timothy Butler could not be reached for comment.
“In my opinion, the actions of these officers should be investigated by the district attorney's office,” Hollis said.
Reached Wednesday evening, Allegheny County District Attorney's Office spokesman Mike Manko said he was unable to confirm whether an investigation is under way.
Hollis alleges excessive use of force and assault and battery against Kimmell and failure to intervene against Verno. Hollis also filed suit against the borough, alleging municipal liability for failure to properly train, supervise and discipline its officers. The lawsuit accuses the borough and officers of violating Brooks' civil rights.
Borough officials could not be reached for comment.
Hollis said he waited to file the lawsuit until all criminal charges against Brooks were resolved.
On Dec. 13, Brooks pleaded guilty to a possession charge and was sentenced to six months' probation by Common Pleas Judge Randal B. Todd.
The lawsuit alleges Brooks, who had one arm in a cast, stood up from the bench once while in police custody and refused to sit down, which precipitated the fight.
“When Brooks declined to sit back down, Kimmell began to come toward Brooks,” Hollis wrote in the lawsuit. “In the police report prepared by Kimmell, he justifies choking Brooks to get him to sit back down and to remove Brooks' hand from Kimmell's Taser.”
The video, Hollis said, shows that Brooks never reached for Kimmell's Taser.
The lawsuit seeks a jury trial.