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An incident in which a resident of Northern Cambria Borough was badly beaten during a confrontation with police in June 2021 will go to mediation in March, according to a notice filed with the federal District Court Johnstown.
According to a lawsuit filed in Johnstown, Northern Cambria resident Timothy D. Hicks Jr. of Lovell Avenue was interested in purchasing a neighbor's hot tub, which was for sale.
Hicks in his lawsuit said he was using a mobile phone app to measure the hot tub.
Other neighbors called the Northern Cambria Police Department complaining that Hicks was attempting to film them.
Patrol Officer Rusty Wills arrived and informed Hicks of the complaint and, according to the lawsuit, Hicks explained to the officer what he was doing.
Wills departed and Hicks continued with his task of measuring the hot tub.
The neighbors complained again, and Wills, accompanied by Patton Police Officer Bryan Diehl, returned to the Lovell Avenue address.
Diehl used his Taser on Hicks.
The lawsuit charged that after using his Taser on Hicks, Diehl began hitting Hicks in the face with his fist.
Hicks, it is reported, suffered a broken nose and other facial fractures, broken teeth and head pain.
He was taken by ambulance for treatment in the emergency room of Conemaugh Memorial Medical Center. Johnstown.
Hicks, through Johnstown attorneys Ronald P. Carnevali and Toby D. McIlwain, filed a civil rights lawsuit in the U.S. District Court in Johnstown three months ago.
It charges both officers with violations of Hicks's Eighth and 14th Amendment rights, contending Diehl used excessive force when confronting Hicks.
"The use of force by Officer Diehl was excessive because there was no need for any force, and Officer Diehl made no efforts to temper the severity of his excess use of force," the lawsuit stated.
The lawsuit stated that Hicks was subjected to "cruel and unusual punishment that shocks the conscience."
Wills, the lawsuit stated, failed to intervene in an effort to protect Hicks from Diehl's assault.
Hicks also is seeking monetary damages against both boroughs because of their collective failure to properly train the officers on the appropriate use of force to "alleviate, negotiate or remedy a particular circumstance and/or situation."
Recently, U.S. District Judge Kim R. Gibson was notified by Pittsburgh attorney Suzanne B. Merrick, representing Wills and Northern Cambria Borough, that attempts will be made to mediate the case.
Former U.S. Magistrate Judge Kenneth Benson has been named as the mediator, and a mediation conference has been scheduled for March 15 in the Pittsburgh law offices of Marshall, Dennehey, Warner, Coleman & Goggin.
A member of that firm, attorney Paul D. Krepps, represents Patton Borough.
No attorney is listed for Diehl, who is no longer with the borough, but Krepps explained in a recent motion to stay further action on the case pending the outcome of the mediation that "former Officer Diehl is still considered insured under Patton Borough's insurance policy."
That motion also stated, "All counsel agree that a stay of these proceedings pending the completion of an early mediation ... is warranted due to the potential for the parties to reach a global settlement, thereby avoiding the unnecessary expenditure of financial and judicial resources."
Gibson granted the stay.
State court records show that no criminal charges have been brought against either officer.