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A federal civil rights lawsuit brought by an Altoona man, who claims he was punched repeatedly by a city police officer after being placed in a police department cell, can move forward, U.S. District Court Judge Stephanie L. Haines in Johnstown has ruled.
Haines rejected a report by Magistrate Judge Keith A. Pesto, who recommended the lawsuit filed by inmate Ryan Scot Noel, 27, be dismissed with prejudice, meaning he could not refile an amended version of his lawsuit.
The Pesto report issued last June also recommended that civil charges against the city of Altoona and its police department be dismissed.
Haines ruled in her 14-page opinion that she adopted Pesto's recommendation with respect to the city and its police department, but rejected his recommendation involving Officers Timothy J. Campolong Jr. and Stephen James Miksich Jr., also named as defendants.
Within days of Haines' opinion, the officers, represented by Pittsburgh attorneys Bernard P. Matthews Jr. and Alexander W. Brown, answered the lawsuit, denying that they used excessive force against Noel following arrest and arraignment proceedings that occurred in the afternoon of Nov. 15, 2020.
On that day, Noel was placed in a cell awaiting transportation to the Blair County Prison.
The officers removed Noel's cuffs before placing him in the cell, but when the cell door closed, 6-foot-10 inch Noel began shouting and kicking the cell door.
When officers told him to calm down, arrest documents show that he became aggressive and told them to "come and make me."
The confrontation between inmate and officers went from bad to worse.
Before issuing her opinion, Haines indicated she reviewed videos of what occurred, pointing out that one of the factors she had to consider in her decision -- whether to dismiss or allow the case to proceed -- was the "reasonableness" of the subsequent force used by police officers who entered the cell.
Miksich entered the cell and pushed Noel back to the bench.
Noel, the video showed, again stood up, and Campolong entered the cell and pushed him back down.
The officers then decided to place handcuffs on Noel.
Noel, according to the videos viewed by the judge, then reached around Miksich toward the officer's gun belt.
Campolong, it is noted, pulled Noel away from Miksich and both men fell into a corner of the narrow cell. Noel hit his shoulder while the officer hit his head against the wall.
"The cell footage angle does not clearly show whether (Noel) is attempting to hit Campolong or raising his arms over his head to defend himself, but it is clear defendant Campolong repeatedly punches down on (Noel)," according to the Haines' opinion.
At this point, six other officers joined the fray and Noel was removed from the cell.
He claims he was "kicked or stomped" after he was taken into the hallway.
Noel was eventually placed in a restraining chair before being transported to the county prison.
Police indicated in their answer to the lawsuit that whatever force they used was not excessive in view of Noel's aggression toward them.
Noel complained that he received several bruises during the brawl and that he received no medical attention after he was subdued.
The officers pointed out that despite the physicality of the incident, Noel suffered no serious injuries requiring medical care.
They also claimed that Campolong's response in punching Noel was appropriate, pointing out Noel hit Campolong in the face as the two fell to the floor of the cell.
Police maintain Noel posed a major security threat while in the city lockup and that led to their efforts to calm him down.
Haines, in explaining why she rejected Pesto's dismissal recommendation, found many questions remain unanswered.
"A jury may reasonably conclude that the incident was unnecessarily escalated when Miksich opened the cell door, entered the cell, forced (Noel) on the bench and then was joined by Campolong and six other officers," she wrote.
Haines noted the absence of physical injury does not necessarily signify that the force has not been excessive.
She continued by stating "a jury may reasonably find that the officers' decision to enter the cell and confront (Noel) escalated the incident and that the situation was further aggravated by defendant Campolong 'mistakenly' believing Noel struck him first and then repeatedly punching Noel as they were on the ground."
"At this stage of the court case, the videos of the incident do not resolve all of the factual disputes as to the reasonableness of the use of force at issue in this matter," the judge concluded.
"The Fourteenth Amendment's due process clause protects a pretrial detainee from the excessive force that amounts to punishment," stated Haines.
The officers in their answer to Noel's civil rights argue that Noel on April 18, 2022, entered a guilty plea to aggravated assault as a result of the confrontation with the officers and therefore he is barred from seeking damages -- his plea being "inconsistent" with his contention police used excessive force against him.
State court records indicate Blair County President Judge Elizabeth Doyle sentenced him to a state prison term of three years, six months to 10 years.
He presently is incarcerated in the State Correctional Institution at Greene.
Noel is seeking $500,000 in damages.