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Lawsuit alleges excessive force Man injured after fleeing traffic stop

PITTSBURGH — A federal lawsuit filed Monday by a Franklin County man against the City of Butler, the city's police department, two police officers and the former deputy police chief claims officers used excessive force and allowed the department's dog to bite him multiple times — including on the neck — after he attempted to flee during a traffic stop two years ago.

Joshua Rivera filed the civil action in the United States District Court for the Western District of Pennsylvania, naming Officer Brian Grooms and another unidentified officer as defendants, along with former deputy police chief David Adam, the police department and the city.

In his complaint, Rivera claims he was “viciously attacked” by the department's trained police dog, 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 that led to his being transported by helicopter to the hospital due to the extent of his injuries.

“After Plaintiff's stint in the ER, he returned to jail where his wounds were 'unpacked,' cleaned, and 'packed' on a daily basis for four (4) solid months,” the complaint said of Rivera's injuries. “To this day, Plaintiff has no feeling in his forearm from his elbow to wrist.”

The complaint claims Rivera's Fourth and Fourteenth Amendment rights were violated because of excessive police force on the part of Grooms and the other officer. The suit additionally charges the officers with failure to intervene for allowing the dog to continue biting him even after he was subdued. The City of Butler, the police department and Adam were listed in the complaint in three counts, including supervisory official liability, inadequate training or supervision, and inadequate screening.

Rivera was the passenger in a vehicle during a routine traffic stop on May 5, 2017. He had outstanding warrants at the time and fled the vehicle on foot.

The complaint said Grooms and the unnamed officer released the department's dog to chase and subdue him. The dog brought down Rivera quickly with two bites, according to the document.

“After the Plaintiff (Rivera) stopped, the officers allowed the dog to continue grabbing at (his) arm and would not elicit a command to allow the dog to release it,” the complaint said, arguing later in the document that “There were no circumstances that made (Rivera) a danger to the Defendants (the officers) or the public at large.”

The officers then ordered Rivera to get down on the ground, according to the complaint, but he did not comply out of fear that the dog would bite his face. The suit claims that Rivera told the officers of his fear and that they tased him because he refused to follow their commands.

The complaint charges Grooms and the other officer with excessive force because the dog continued to bite him when he fell to the ground and because they tased him. While he was on the ground, Rivera's complaint alleges the dog bit him a third time on the right shoulder. The lawsuit further alleges that officers handcuffed Rivera and then “allowed” the dog bite him again in the throat.

The document said Rivera was charged with resisting arrest and possession of drug paraphernalia.

“The incident left the Plaintiff (Rivera) with several severe, deep lacerations requiring him to seek immediate emergency medical attention,” the complaint said. “In fact, he was life-flighted (sic) from the scene.” According to the complaint, Rivera still has no feeling in his forearm from his elbow to wrist, loses feeling in his hand daily, and was left with permanent scars.

In a 2017 Butler Eagle report, police said Rivera was wanted on multiple felony warrants. Authorities said at the time that he was ordered to stay down by officers, but instead punched and fought the department's dog, Gunner. The 2017 report also said Grooms grabbed Rivera by the arm and warned him not to run before he took off.

The Eagle was unable to reach city officials for comment.

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