Settlement brings end to police brutality case

Victim suffered fractured nose, facial injuries, broken teeth

Because of a settlement, a federal judge in Johnstown on Monday closed a civil rights case in which a resident of Northern Cambria contended he was the victim of police brutality when officers from Patton and Northern Cambria approached him concerning a complaint from a neighbor.

Timothy D. Hicks Jr. of 2404 Lovell Ave. said he was interested in buying a hot tub that was for sale by a neighbor and was using a mobile phone app to measure it on June 25, 2021.

Other neighbors saw him in the alley with his phone and allegedly thought he was filming them.

They called the police.

The first officer to arrive was Rusty Wills of the Northern Cambria Police Department, who advised Hicks about the complaint.

Hicks, in his lawsuit filed last November, informed the officer that he was taking measurements with his cellphone.

The officer departed, and Hicks moved to the roadway, but continued to measure the hot tub that was for sale.

A second call was made to the police department, and Wills returned, accompanied by a second officer, Bryan Diehl of Patton Borough.

The legal complaint, filed by Johnstown attorneys Ronald P. Carnevali and Toby McIlwain, stated, "During the course of their interaction, Officer Diehl utilized his Taser on (Hicks)."

Diehl then proceeded to strike Hicks with his fist multiple times.

"Despite observing Officer Diehl utilize his Taser on (Hicks), Officer Wills did not restrain Officer Diehl from striking Hicks multiple times in the face," the lawsuit continued.

At no time did Wills attempt to stop Diehl, "despite his ability to do so," the lawsuit continued.

Hicks suffered a fractured nose, extensive facial injuries, head pain and broken teeth as a result of the assault, the civil suit charges.

Hicks was taken by ambulance to the emergency room of Conemaugh Memorial Medical Center, Johnstown, for treatment.

The lawsuit charged Diehl with the use of excessive force, noting there was no need for any force at all, it was argued.

Diehl, who is no longer with the police force, was charged civilly with violating Hicks' Eighth and Fourteenth Amendment rights to be free from cruel and unusual punishment.

Wills was sued with violations of Hicks' Fourth, Eighth and Fourteenth Amendment rights for his failure to intervene and stop the beating.

The two boroughs were charged with failing to properly train and supervise their officers.

Neither the boroughs nor the police officers answered the lawsuit, and on March 28, took the case to mediation before attorney Kenneth Benson.

Since the mediation, the details of an out-of-court settlement were hammered out among Carnevali, Pittsburgh attorney Paul D. Krepps on behalf of Patton Borough and Pittsburgh attorney Suzanne B. Merrick for Northern Cambria Borough.

On Monday, Judge Gibson brought an end to the lawsuit, noting the attorneys involved stipulated to the dismissal of this civil action.

The judge ordered the parties to pay their own fees and costs.

Carnevali stated that the details of the settlement cannot be released because of a confidentiality agreement among the parties.

Speaking for his client, Carnevali stated, "(Hicks) was happy to have it resolved and behind him."

He said Hicks has a good job and is moving forward with his life.