Winslow Officer Sean Richards, a 12-year veteran, was on his way into the Wawa for hot chocolate when he passed Briscoe, 36, and told him he could not remain in front of the business smoking a cigarette and drinking his soda.

Richards told authorities he heard Briscoe ask a passerby for money, but Briscoe's family has insisted that he was always given the money he needed and had no reason to panhandle.

On his way out of the Wawa, Richards confronted Briscoe a second time and attempted to arrest him when Briscoe refused to leave, be handcuffed, or get into Richards' cruiser.

According to the lawsuit, the situation quickly escalated as the Wawa manager ran to assist the officer and held Briscoe's legs while two customers also jumped in to help. All are named as defendants in the lawsuit.

"As Briscoe was lying facedown in the rain, Richards was pressing one knee into the back of Briscoe's head and the other knee into Briscoe's shoulder," the lawsuit said. Other officers responded as well, some coming from nearby Pine Hill and Berlin.

The lawsuit alleges that several officers held Briscoe down, collectively using excessive force as he lay in the prone position.