Altoona man files civil rights lawsuit against undercover police officers

Drug trafficker says undercover officers violated his civil rights

An Altoona man arrested on drug offenses nearly a decade ago has filed a federal civil rights complaint that seeks monetary damages against the undercover officers who investigated his case.

The complaint is unique because Rakim Lamar Johnson, 29, has already served his sentence of 18 months to five years on charges of possession with intent to deliver and criminal use of a communications facility, and the Altoona Police Department undercover officers who arrested him are retired.

But Johnson, who was released on parole earlier this month, argues that his petition is not untimely because he only recently discovered information that led him to believe his arrest was illegal.

He contends, for instance, that the Altoona officers were acting as part of the Attorney General-Blair County Drug Task Force that maintains certain operational requirements.

One of those requirements was that officers have pre-approval of an investigation, which, Johnson claims, did not occur in his case.

He states in his civil rights petition filed this month in the United States District Court in Johnstown that he was unable to secure a copy of the operational agreement and guidelines for the Task Force until recently.

He argues that the documents he received for the Office of Attorney General represent "newly discovered evidence" that now enables him to challenge his arrest on charges that occurred on Oct. 26, 2016.

It was during that time period when undercover officers received a tip from an informant that there was a person in Pittsburgh who had narcotics to sell in Altoona, but he needed a ride.

Police informed the confidential informant that they would pick him up.

An officer, followed by a security team, drove to a gas station located at West Street and East 17th Avenue in Homestead near Pittsburgh and waited two hours for Johnson to arrive.

Johnson, according to charges, gave his driver crack cocaine and heroin during the ride back to Altoona.

When the officer and Johnson arrived at the 58th Street Sheetz in Altoona, the officer driving the vehicle left Johnson sitting alone in the passenger's seat.

Other officers arrested him and, in the process, found: 88 packets of heroin labeled "Foxy"; 27 plastic bags of cocaine; four packets of heroin labeled "Star Wars"; and eight plastic bags of crack cocaine under the seat where Johnson was sitting.

They also seized two cellphones from his person.

Johnson eventually was sentenced to a prison term of 18 months to five years by now-Senior Blair County Judge Timothy M. Sullivan.

Johnson appealed his conviction and sentence, which was dismissed by the Superior Court in 2022, and his claim of newly discovered evidence and ineffective assistant of counsel was dismissed by Blair County President Judge Wade A. Kagarise in 2025.

Johnson complains the officers violated his Fourth Amendment right to be free from illegal search and seizure.

He claims false imprisonment on the Blair County charges from 2016 to 2018.

Johnson claims also that his investigation and arrest occurred without authorization from Task Force authorities, and in violation of Task Force procedures.

The arrest, he explained, caused him "pain and suffering and mental and emotional distress."

His petition concluded, "plaintiff Rakim Johnson has been and will continue to be irreparably injured by the conduct of (the officers) unless the court grants declaratory relief which the plaintiff seeks."

He is asking money damages of $250,000 against each of the five officers -- the defendants in his case.

Following his experience in Blair County, Johnson pleaded guilty to a firearm violation (carrying a 9 mm firearm and crack cocaine and heroin laced with fentanyl) in August 2019 in Johnstown.

He was sentenced to a prison term of 48 to 96 months in prison.

State court records indicate he was paroled this month from the State Correctional Institution in Houtzdale.

The case has been assigned to U.S. Magistrate Judge Peter E. Ormsby in Pittsburgh.

He has ordered the defendants to answer the lawsuit within 30 days of being served.