According to a lawsuit filed in Johnstown, Northern Cambria resident Timothy D. Hicks Jr. of Lovell Avenue was interested in purchasing a neighbor’s hot tub, which was for sale.
Hicks in his lawsuit said he was using a mobile phone app to measure the hot tub.
Other neighbors called the Northern Cambria Police Department complaining that Hicks was attempting to film them.
Patrol Officer Rusty Wills arrived and informed Hicks of the complaint and, according to the lawsuit, Hicks explained to the officer what he was doing.
Wills departed and Hicks continued with his task of measuring the hot tub.
The neighbors complained again, and Wills, accompanied by Patton Police Officer Bryan Diehl, returned to the Lovell Avenue address.
Diehl used his Taser on Hicks.
The lawsuit charged that after using his Taser on Hicks, Diehl began hitting Hicks in the face with his fist.
Hicks, it is reported, suffered a broken nose and other facial fractures, broken teeth and head pain.
He was taken by ambulance for treatment in the emergency room of Conemaugh Memorial Medical Center. Johnstown.
Hicks, through Johnstown attorneys Ronald P. Carnevali and Toby D. McIlwain, filed a civil rights lawsuit in the U.S. District Court in Johnstown three months ago.
It charges both officers with violations of Hicks’s Eighth and 14th Amendment rights, contending Diehl used excessive force when confronting Hicks.
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