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Ex-police chief rejects excessive force claim

Lancaster Twp. man filed lawsuit

Lancaster Township and the ex-police chief have responded to a lawsuit filed by a township resident, alleging excessive force was used in an October 2016 arrest.

The lawsuit, filed in November in the U.S. District Court for the Western District of Pennsylvania by Kent Bowers, accuses former Lancaster Township Police Chief David Sitler of using excessive force during Bowers' arrest, falsely arresting and imprisoning him, prosecuting him without probable cause and malicious prosecution on Oct. 6, 2016, following an incident at his home on Scott Ridge Road, Harmony.

The lawsuit also alleges the township failed to properly train, supervise and discipline Sitler, which resulted in the assault and battery and false imprisonment of Bowers after police were called to his home.

The township and Sitler, through their attorneys, filed responses Monday, denying the allegations.

The lawsuit states Sitler and other officers responded to a call at Bowers' home, where his wife told police he had a history of mental illness, was intoxicated and behaving erratically.

Bowers was found barricaded in the home, and officers entered before he “surrendered to the officers peacefully without incident,” the lawsuit states.

The township response denied that Bowers was barricaded in the home, stating that he had locked himself in a bedroom within the home, and denied the officers forcefully entered the home, but acknowledged that they had to use force to enter the bedroom where Bowers was located.

The suit alleges that Sitler intentionally overtightened the handcuffs, causing Bowers “severe pain and discomfort,” before being placed in his patrol vehicle.

Sitler's response denied that allegation, stating that Bowers was already placed in handcuffs when Sitler arrived at the location.

Bowers was then placed into the patrol vehicle while plans were made to take him to Butler Memorial Hospital for a psychological evaluation. After nearly one hour in the police car, the lawsuit says, Bowers tried to get Sitler's attention first by banging his head and then by kicking the window.

The township response denies that Bowers was in the vehicle for an hour.

Sitler's response denies ignoring pleas to loosen the handcuffs.

The lawsuit alleges that after Bowers insulted Sitler for being overweight, Sitler tackled Bowers across the rear seat, punching him in the ribs five or six times and choking him for several seconds “to the point where (Bowers) was nearly unconscious.”

A Zelienople police officer then opened the opposite backseat car door and Sitler released his grip on Bowers' throat and got out of the car, the lawsuit states.

Sitler denied those allegations in his court filing, stating that “the video footage of the interaction between defendant and plaintiff speaks for itself.”

That video was provided to the Butler Eagle by Bowers' attorney, Ryan Breen.

The physical contact between Sitler and Bowers takes place over the course of about 30 seconds, after which Bowers is removed from the police car. The video does not show any interactions between Bowers, Sitler, or anyone else outside of the vehicle.

The lawsuit alleges that after the attack, Bowers was taken to the hospital and “treated for his injuries inflicted by Sitler.”

Sitler's response acknowledges that Bowers was taken to the hospital, but for a psychiatric evaluation, not for injuries.

After the incident Bowers was charged with felony aggravated assault of an officer. Sitler claimed in the complaint that Bowers wrapped his legs around him and grabbed him by the vest — something the lawsuit points out is impossible while in handcuffs.

The lawsuit alleges that Sitler's assault caused Bowers “severe and permanent physical and emotional injuries requiring medical treatment together with medical expenses” plus “loss of health and vitality, pain and suffering and humiliation,” as well as accusing the township of not appropriately disciplining the “offending officers” in the incident, deliberate indifference to the complaints of citizens regarding alleged improper actions by its police officers and failure to train and supervise its officers,

The township's response states that the township “at all times adequately trained, supervised, and disciplined its police officers.”

The lawsuit seeks compensatory damages from the township and punitive damages from Sitler.

Township solicitor Phil Lope previously confirmed that the incident between Sitler and Bowers caused Sitler's termination from the township's police force on Oct. 28, 2016.

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