A Penn Hills husband and wife are suing the police department there, alleging that an officer responding to a domestic disturbance wrongfully arrested the woman and, in doing so, broke her arm.
Barbara Ann Thompkins, 61, and her husband, Eric Klavon, filed the civil rights complaint in federal court on Tuesday.
It names as defendants Penn Hills, its police department and officers Alyssa Finnigan and David Klobuchar.
A message left with Penn Hills police Chief Howard Burton was not immediately returned Tuesday evening.
According to the complaint, the couple had a domestic dispute at their home on June 3, and Klavon called the police. Penn Hills officers had been called there in the past, the lawsuit said, and Klobuchar had told them to call if they were needed.
“Previously, no arrests were made, and the prior domestic situations ended amicably,” the complaint continued.
The lawsuit alleges that by the time officers arrived, the “domestic situation was diffused,” and neither Klavon nor Thompkins were violent or a threat to anyone.
The complaint said Klobuchar, a senior officer, stayed outside in the front yard with Klavon, while Finnigan, who the lawsuit alleges was less experienced, went into the living room with Thompkins.
“For some unknown and unnecessary reason, plaintiff Barbara Ann Thompkins, who was not violent or a threat to anyone at the time, was thrown violently to the ground by defendant Finnigan and pinned to the ground using defendant Finnigan’s knee,” the complaint said.
Finnigan used such force in handcuffing Thompkins that she broke the woman’s right arm, the complaint said.
“The sound of the traumatic and violent fracture was so loud that husband plaintiff Eric Klavon could hear his wife’s arm snap while standing outside of the house on the front lawn,” the lawsuit said.
Instead of taking Thompkins, who has multiple medical conditions, for medical treatment, she was taken to a holding cell in the police department, the complaint said.
The officers charged the woman with resisting arrest, simple assault and harassment.
All of the charges were dropped at the magistrate’s office on July 27.
As a result of the fracture, diagnosed later that day, Thompkins had surgery on June 12 and is still undergoing treatment, the lawsuit said.
The complaint includes claims for excessive force, deliberate indifference, failure to intervene, battery, false arrest, abuse of process and malicious prosecution.
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