A Northern Cambria resident has filed a federal civil rights complaint with the U.S. District Court in Johnstown contending two local police officers used excessive force against him 16 months ago while investigating a complaint in his neighborhood.

The civil lawsuit was filed on Nov. 4 by attorney Toby D. Mcllwain of Johnstown on behalf of Timothy D. Hicks Jr., 43, of 2404 Lovell Ave., Northern Cambria.

The officers named in the complaint are Rusty Wills of the Northern Cambria Police Department and Bryan Diehl, who at the time was an officer with the Patton Borough Police Department.

The lawsuit also named as defendants both Northern Cambria and Patton boroughs.

U.S. District Judge Kim R. Gibson on Tuesday referred the case to the U.S. District Court’s Alternative Dispute Resolution program.

According to the lawsuit, Hicks learned that a neighbor was interested in selling a hot tub.

Hicks indicated he might want to purchase it.

His lawsuit stated Hicks wanted to measure the hot tub and used a mobile phone app to accomplish the task.

Other neighbors summoned the police department, contending Hicks was filming them.

Officer Wills arrived and informed Hicks about the complaint.

Wills then left, and Hicks continued his effort to take measurements with his cellphone.

He maintained he was taking measurements from the roadway.

Wills returned with Diehl.

According to the lawsuit, Diehl ended up using his Taser on Hicks.

It charges that he then struck Hicks multiple times in the face.

Those punches broke Hicks’s nose and caused extensive facial fractures and facial swelling. Several of Hicks’ teeth were broken.

Hicks also complained of head pain.

The lawsuit does not explain why the incident turned violent but charged that the confrontation, which occurred on June 25, 2021, violated Hicks’ Eighth and 14th Amendment rights.

It explained that at no time did Hicks threaten the officers, and it noted, Hicks was at all times compliant and cooperative and was not resisting officers or disobeying their instructions and orders.

In the lawsuit, Wills was not charged with striking Hicks, but it stated he did not intervene to put a stop to Diehl’s alleged attack.

The officers’ employers, Northern Cambria and Patton boroughs, are named as defendants because of their alleged failure to properly train the officers to utilize the appropriate amount of force in a particular circumstance or situation.

Hicks is seeking money damages to cover the cost of medical care, his emotional distress and is seeking punitive damages among other items.

The solicitor for Patton Borough, Calvin J. Webb of Ebensburg, had no comment on the lawsuit, noting he has yet to see it.

He pointed out that counsel for the borough and Police Department would likely be provided by the borough’s insurance provider.

Attempts to reach Hicks’ attorney and the Northern Cambria police chief were unsuccessful.

State court records do not show any criminal offenses were filed against Hicks as a result of the incident.