Joshua Rivera claims he was “viciously attacked” by the department's trained police dog, Gunner, pictured with Brian Grooms, Gunner's handler, even after he had been tasered by officers. The lawsuit seeks compensatory and punitive damages because Rivera suffered permanent nerve damage and scarring due to his run-in with officers, which led to his being transported by helicopter to the hospital due to the extent of his injuries.

The former Butler police chief and the city's police department have been dropped from a federal lawsuit claiming excessive force was used during a 2017 arrest.

In Joshua A. Rivera's original filing for excessive force, he named the City of Butler, Butler City Police Department, Officer Brian Groom, former Deputy Police Chief David Adam and another unidentified officer.

But after the defendants' attorney, Pittsburgh-based lawyer Paul D. Krepps, asked a federal judge to dismiss the majority of the lawsuit, Rivera refiled the complaint, dropping the police department and Adam.

Rivera alleges in the lawsuit that during a traffic stop in 2017, police abused their authority by letting loose a K-9 officer, and it “viciously attacked” Rivera while officers watched.

In the original police report from the arrest, officers blame Rivera for the dog's behavior, writing that Rivera punched and fought the dog, despite police warnings.

According to the lawsuit, Rivera still has no feeling in his forearm from his elbow to his wrist, loses feeling in his hand daily and was left with permanent scars.

Krepps noted that he plans on filing another motion to dismiss the lawsuit.

“It's still legally deficient,” Krepps said.

One of Rivera's lawyers, Tyler Setcavage, declined to comment on the reason why Adam and the police department were dropped from the lawsuit.

Find this article informative? Subscribe at butlereagle.com to read more about this case and keep up with local Butler County news.