Oct 29, 2009 By Jennifer Harr 2 min read

A Masontown man on Tuesday appealed the dismissal of a civil suit he brought against state police officers he claimed used excessive force during a traffic stop in 2006. Frank Revak, 51, filed the suit against Trooper Nathaniel Lieberum and Cpl. Brian Barnhart over a traffic stop for driving under the influence of alcohol in Masontown.

Chief U.S. District Judge Donetta Ambrose dismissed Revak’s lawsuit last month after she found that Revak’s conviction related to the traffic stop precluded from prevailing civilly against the police. She also found that Lieberum and Barnhart did not use excessive force when they pepper-sprayed Revak.

Revak had claimed that the men physically assaulted him after they pulled him over outside his home.

During his criminal trial this year, both men acknowledged he was pepper-sprayed, but denied he was assaulted in any other way.

Lieberum and Barnhart both testified that Revak was resisting their attempts to take him into custody, and said he fled from them when they tried to pull him over.

Revak, however, testified he did not realize police were trying to stop him until they pulled behind him in his yard, off Route 21.

A jury convicted Revak of DUI, resisting arrest and fleeing from police and he was sentenced to six months of intermediate punishment with 18 days served on house arrest.

Revak also is appealing the conviction.

The case will be sent to the 3rd Circuit Court of Appeals.