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Cal Boro man alleges officers used excessive force during 2016 arrest

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A California Borough man is suing two borough police officers who he claims used excessive force against him during his arrest two years ago in a gas station parking lot.

Lawyers for Marquell Atkinson, 41, filed an excessive-force lawsuit on Monday in U.S. District Court for the Western District of Pennsylvania. Atkinson’s civil complaint names Thomas McCarthy and Anthony Glab as the officers who arrested him on the night of June 24, 2016, outside the Kwik Fill on Third Street.

Borough police Chief Rick Encapera didn’t immediately return a message Wednesday morning.

Court papers say McCarthy was leaving the store when he saw Atkinson drive up and park by one of the gas pumps. As Atkinson walked toward the store, McCarthy allegedly stopped him and demanded he turn down his music and told him to show his identification.

Atkinson’s lawyers – Robert Mielnicki and Andrew Stiffler – claim that as their client tried to show his identification “and inquire about the potential issues,” McCarthy “suddenly and without provocation … threw and/or slammed him onto the hood of the patrol car,” which was parked near another gas pump.

He subsequently “threw and/or slammed (Atkinson) to the ground,” according to the account in the lawsuit.

Glab allegedly joined McCarthy at that point. Atkinson’s attorneys claim that even though Atkinson never resisted, the officers kept him pinned to the ground and Glab used a stun gun on him.

A police K-9 later was used to search Atkinson’s car for narcotics. McCarthy had Atkinson’s car impounded and applied for a search warrant. A small amount of marijuana and a firearm said to belong to Atkinson were found, and police filed charges against Atkinson that day.

Following Atkinson’s nonjury trial in April, Washington County Judge Gary Gilman found Atkinson not guilty of possession of marijuana and two counts of resisting arrest, and convicted him on charges of carrying a weapon without a license and disorderly conduct.

The lawsuit says Atkinson’s injuries included shoulder pain and headaches, and that he “has been and will continue to be obligated to receive and undergo medical attention and care.” His attorneys are suing each officer in their individual and official capacities, alleging their actions violated federal law and their client’s constitutional rights.

The lawsuit seeks more than $75,000 in compensatory damages – plus punitive damages and other costs – on each of two counts.

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