A man who claims a Tunkhannock Twp. police officer used a stun gun on him for no reason filed a federal lawsuit against the officer, township and another man.

Patrick Brogan, 65, says township police officer John Benjamin Zdaniewicz shot him with a stun gun after the officer responded to a disturbance between Mr. Brogan and his neighbor, James Sebolka.

Mr. Brogan has had an ongoing dispute with Mr. Sebolka regarding the operation of his business repairing tractor-trailers, according to the lawsuit filed by attorney Cynthia Pollick of Pittston.

On June 26, Mr. Brogan was awakened by noise at around 12:15 a.m. and went outside to investigate, where he encountered Mr. Sebolka and Officer Zdaniewicz.

Mr. Sebolka, who is also named as a defendant, screamed obscenities at Mr. Brogan and then, without provocation, physically assaulted him, the lawsuit stated. Instead of stopping the assault, Officer Zdaniewicz shot Mr. Brogan with a stun gun, then handcuffed him as he lay on the ground.

The lawsuit claims Mr. Brogan was not transported to the police station to be processed for any criminal offense. Court records show Mr. Brogan was issued a non-traffic citation for harassment on July 11. He was found guilty of the offense by Magisterial District Judge John Hovan on Aug. 13. He filed an appeal of the conviction on Aug. 28.

The suit alleges Officer Zdaniewicz's actions were prompted, in part, because he was unhappy Mr. Brogan previously complained to police about Mr. Sebolka's business and had once threatened to arrest him if he continued to complain.

The suit seeks damages against Officer Zdaniewicz and the township for violations of Mr. Brogan's right to be free of unlawful search and seizure, his First Amendment right to free speech and for use of excessive force. It seeks damages against Mr. Sebolka for assault and battery.

Tunkhannock Twp. Police Chief Stanley Ely said he had not yet seen the suit and could not comment. Efforts to reach Mr. Sebolka for comment were unsuccessful.

Contact the writer:

tbesecker@timeshamrock.com