PITTSBURGH – A 24-year-old Western Pennsylvania man claims that members of the Aliquippa Police Department unlawfully arrested him, assaulted him while he was in custody and filed false affidavits to justify the arrest after the fact.
Theaughn Lewis of Beaver Falls filed suit in the U.S. District Court for the Western District of Pennsylvania on Jan. 10 versus Aliquippa Police Department of Johnstown, Officer Bruce A. Tooch Jr. of Coraopolis, Officer Paul Woods and John Doe Officer.
“On Jan. 2, 2023, Lewis was lawfully standing in the front of 419 ½ Allegheny Avenue, West Aliquippa, Pennsylvania, along with Justin Carr and Monica McCutchen. Carr had previously reported his car stolen, and on Jan. 2, 2023, contacted the Police Department to report that he had found his vehicle. The individual defendants (Tooch, Woods and Doe) dispatched to Carr’s home on Allegheny Avenue, apparently to confirm that Carr had recovered the vehicle. The individual defendants encountered Carr, McCutchen and Lewis near the residence. Lewis was not a suspect in the theft. A verbal dispute ensued between Lewis and the individual defendants,” the suit says.
“The individual defendants (Tooch, Woods and Doe), without probable cause to make an arrest, announced that Lewis was under arrest. In the course of making the unlawful arrest, Tooch violently assaulted Lewis without provocation by punching him in the back of the head with closed fists while he was already restrained and on the ground. While assaulting Lewis, Tooch screamed at the terrified Lewis: ‘Now, you’re going to get it. The 150-pound Lewis did not physically resist the individual defendants, and at no point posed any threat to the defendants. The force used by defendants to make an unlawful arrest was unreasonable in light of (1) Lewis’s stature; (2) The fact that there was no cause to make an arrest in the first place; and (3) The facts that he posed no threat to defendants and did not resist.”
The suit adds Lewis was arrested for aggravated assault, resisting arrest and obstruction of administration of law.
“As of the filing of this complaint, Lewis remains in the Beaver County Jail, despite having committed no crime. In addition to falsely arresting Lewis, Tooch falsified an arrest affidavit. Tooch falsely stated that, when the individual defendants attempted to arrest Lewis, he refused an order to put his hands behind his back and threw a punch at Woods. Lewis neither refused such an order nor threw a punch. Indeed, the individual defendants never gave Lewis an order to place his hands behind his back. Tooch also falsely stated in an affidavit that McCutchen shoved and jumped on Woods’ back. This did not happen either,” the suit states.
“As a direct result of the above violent and unprovoked attack, Lewis sustained injuries to his head and face, in addition to mental anguish. Lewis’s injuries were the result of the officers’ direct violation of his constitutional rights. The individual defendants’ action constitute a substantive due process violation, false arrest and imprisonment and excessive use of force, in violation of the Fourth and Fourteenth Amendments of the U.S. Constitution.”
For counts of violating Monell, the Fourth and Fourteenth Amendments to the U.S. Constitution and 42 U.S.C. Section 1983, the plaintiff is seeking compensatory and punitive damages in excess of $75,000, plus costs, interest and attorney’s fees on each count and legal fees as the Court shall allow.
The plaintiff is represented by Anthony J. Giannetti and Adam D. Shorr of Swartz Culleton, in Pittsburgh.
The defendants have not yet obtained legal counsel.
U.S. District Court for the Western District of Pennsylvania case 2:23-cv-00035
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com