Three state police officers who are being sued by a Brady Township couple for alleged excessive force refuted the claims in federal court as the case moves closer to a trial start.

The troopers — Cpl. Gregory Bogan and Troopers Nathan Spangler and Matthew Kephart — were sued last year by Danny Pollock over events surrounding marijuana plants that were found on his property.

In the suit, Pollock and his wife accused the troopers of tackling Pollock and breaking two of his teeth, and causing damage to his right eye. But during pretrial deposition hearings, the troopers disputed that story and claimed Pollock resisted arrest and attempted to attack them — calling Pollock's belligerence a “major officer-safety issue.”

The lawsuit was then sent for a settlement conference, but both sides could not come to a settlement, according to court documents.

According to the couple's complaint, which was filed in 2019 in the U.S. District Court for the Western District of Pennsylvania by Lindsay Law Firm, a National Guard helicopter reported to Trooper Michael Lewis that a marijuana plant was spotted in the Pollocks' backyard on July 29, 2015.

During questioning, Pollock told Lewis that two marijuana plants were being grown in the backyard of their Muddy Creek Drive home to provide pain relief for his wife, who had chronic back pain from a motorcycle accident, according to the suit.

Pollock told the trooper that his wife was allergic to narcotics and other painkillers prescribed to her, and he was growing the plants to help mitigate her pain.

Lewis seized the plants and told the Pollocks they would not likely hear from police again, according to the complaint. But during Lewis' recent deposition, he refuted that claim, stating that he would never do that and police are in the business of charging people for illegal activity.

Instead, Lewis said, he deemed that Pollock was not a flight risk, so he decided not to arrest him, and informed Pollock that he would file charges later.

The charges against Pollock weren't filed until 2017. Lewis explained that he put off summoning Pollock to court over health considerations that Pollock claimed to have.

“So, I let it go for an extended period of time,” Lewis said.

And when Lewis finally followed up with the Pollocks a year later, they didn't answer his calls. This led Lewis to file an arrest warrant that was carried out by the three defendants.

On Aug. 9, 2017, Pollock had a heart attack and was taken to Butler Memorial Hospital, where treatment included the stenting of one of his arteries, according to the suit.

Around 5 p.m. Aug. 21, 2017, the three troopers arrived at the couple's home to serve the arrest warrant, according to the suit.

The couple alleges that the officers used excessive force, despite Pollock and his wife telling the officers he had recently been released from the hospital after a heart attack and that medication he was taking made him disoriented and confused.

According to the suit, the troopers refused to specify the cause for the warrant or show proof of its existence. Spangler allegedly grabbed Pollock's left arm and placed a handcuff on his wrist.

But in Bogan's deposition, he claims the Pollocks immediately began arguing with the troopers and resisting the troopers' commands. Bogan also testified that he told the Pollocks they were there to serve an arrest warrant and asked Pollock to come with them.

Spangler's testimony similarly observes that Pollock was yelling “obscenities, multiple obscenities towards me.”

And when Pollock asked to go inside to get his shoes, Spangler told him, “It's not a fashion show. You don't need to look nice. We're just going to get you arraigned.”

Spangler said that Pollock refused to put the slippers on that were nearby.

Finally, Bogan said, Pollock put his left hand behind his back to be cuffed, but things turned violent when Spangler attempted to cuff Pollock's left hand.

“Mr. Pollock broke his right hand free from Trooper Spangler's grasp and attempted to take a swing at my face. At that point, Trooper Spangler regained control of his arm. Mr. Pollock pushed him into a wall. I then went hands-on with Mr. Pollock. We all ended up on the floor and — wrestling with Mr. Pollock for his right arm,” Bogan said. “It was during the altercation on the ground that Ms. Pollock began yelling about he had a heart attack 10 or 11 days ago.”

Finally, the troopers told Pollock that if he didn't stop, they would Taser him. Pollock stopped fighting, and the troopers were able to arrest him and take him to a hospital.