Man sues Butler police department, 3 officers
A Butler man is suing the city's police department and several officers, claiming they violated his constitutional rights and broke his arm when they arrested him last year.
John J. Jackson recently filed the lawsuit in federal court, and claims that Butler City Police officers Myles Bizub, Nathan Shulik and a third unidentified officer violated his Fourth Amendment right with a warrantless search and seizure.
Jackson is accusing the three city officers of an unprovoked attack and breaking his arm when they arrested him in May 2019. Jackson claims in the suit that the assault and battery from the officers violated his Fourth and 14th amendment rights.
He is seeking punitive damages.
According to the suit, the events on May 2, 2019, began over a DVD player Jackson said he bought from his ex-girlfriend. On that day, according to the suit, Jackson's former girlfriend came to his residence to “talk,” and she became agitated and told him that he owed her $50. According to the suit, the woman had an injury from her current boyfriend. When Jackson refused to pay, the woman became “agitated” and told Jackson “she would make him pay.”
Butler City Police did not return a request for comment. But Thomas Breth, one of three lawyers with Dillon, McCandless, King, Coulter & Graham representing the defendants, said the city was aware of the complaint, but has not been served yet by Jackson's lawyer, Al Lindsay.
“We believe there are a number of defects (in the lawsuit), but for now we're just evaluating the complaint,” Breth said. “The city plans to vigorously defend the allegations. We have the utmost confidence in the city police department, its officers and leadership. It's a difficult time now to be a police officer, man or woman, anywhere in the country.”
In the evening after his encounter with his former girlfriend, Jackson walked to a friend's house. En route, Shulik, Bizub and the third officer stopped Jackson, according to the suit. Bizub told Jackson he was under arrest and threatened to use a Taser on him, according to the suit.
Police arrested Jackson without incident and told him at the station he was arrested for assaulting his former girlfriend.
Jackson “pleaded his case to the officers, explaining that he had done nothing wrong,” according to the suit.
The suit claims the officers responded by attacking Jackson, and one of the officers tackled him to the ground and broke Jackson's arm.
The officers later justified this move by claiming Jackson “made an aggressive move.”
Jackson was taken to Butler Memorial Hospital to be treated for a broken arm.
Police charged Jackson with simple assault and resisting arrest, but several days later on May 6 the charges were dropped, according to the suit.
