Excessive force lawsuit filed against Waynesburg police, borough
news@greenecountymessenger.com
A Greene County man filed a federal lawsuit against the borough of Waynesburg, claiming an officer used a Taser on him when he yelled at police.
Robert Becker of Waynesburg filed the suit this week in Western District Court, also naming police Chief Tom Ankrom and Officer Zackery Howard as defendants.
According to the complaint, a group of children, including Becker’s 11-year-old daughter, were playing with water on the side of East Lincoln Street in the borough on July 21, 2020. The lawsuit alleged that Howard received a call from a probation officer who told him the children splashed water on his wife’s car as she drove past.
Howard came to East Lincoln Street and told the children to stop played with water, and they did, according to the filing.
Becker, who was sitting outside watching the children, yelled and used profanities at Howard, telling him to leave the children alone. Howard, the suit alleged, told Becker to stop yelling and then told him he was going to arrest him. The filing alleged Howard threatened to use a Taser on Becker unless he complied with the arrest.
Becker’s attorney, James T. Tallman, contended Becker was afraid and ran from Howard, who shot the Taser into his back. The lawsuit stated that, after Becker was stunned, he laid on the pavement “unconscious in a pool of blood with a broken jaw.”
Becker was taken into custody, and jailed for two weeks. The suit claimed the arrest affidavit filed by Howard contained “misstatements and did not establish probable cause” to support the charges, which included resisting arrest, obstructing the administration of law and disorderly conduct.
Tallman wrote, “Becker fought the charges brought against him. After a jury trial, he was cleared of all charges by way of court ruling and jury acquittal.”
Along with a broken jaw, Becker also had broken bones to his eye socket and face, a closed head injury, contusions to his face and body and the pain of being stunned. As a result, Becker suffered bodily injury, pain and suffering, emotional distress and mental anguish.
The suit made claims of malicious prosecution, false imprisonment and excessive use of force, and seeks compensatory and punitive damages and legal fees.
A call placed to the solicitor of the borough was not returned.