NEW BRUNSWICK -- A 36-year-old man is suing the city over allegations two police officers assaulted him during an arrest in 2015, breaking his ribs and puncturing one of his lungs.

Dion Napier, of New Brunswick, also claims he was denied prompt medical treatment for hours after the arrest he described as a "malicious beating."

The nine-count lawsuit filed in June alleges the officers, Jonathan Rivera and Michael Powers, used excessive force while arresting Napier on drug charges Dec. 8, 2015. It also alleges the city, its police department and Police Director Anthony Caputo failed to provide adequate training to its officers on lawful use of force.

Attorneys representing the defendants did not respond to calls or emails seeking comment. In court documents, the defendants deny any wrongdoing.

New Brunswick police spokesman Capt. J.T. Miller confirmed the officers are employed with the department but said the force cannot comment on pending litigation.

In the lawsuit, Napier said he was eating in a parked car across the street from D'Palace Bar on Throop Avenue when officers pulled up behind his car to warn him about the vehicle's tinted windows. The car belonged to someone else, he said.

Rivera and Powers returned to arrest Napier after dispatch wrongfully identified him as having an outstanding warrant for his arrest, according to the lawsuit. The warrant actually belonged to a Deion Baker, the suit claims.

That's when Rivera claimed he smelled marijuana in the vehicle, Napier said. He allegedly told the officers he had a bag of marijuana on him, stepped out of his vehicle and handed Rivera the bag.

Becoming nervous about "the behavior of the police," Napier ran, according to the lawsuit.

Once Rivera and Powers caught up to Napier, they punched, kneed and pepper sprayed him, breaking his ribs and puncturing one of his lungs, the lawsuit alleges.

The police department's use of force reports corroborate parts of Napier's story.

Rivera, who was 28 at the time, tackled or wrestled Napier, placed him in a compliance hold, kneed and pepper sprayed him, according to his use of force report. Powers, who was 26 at the time, also struck Napier with his knee and placed him in a hold, according to his report.

Napier was resisting arrest and physically threatened or attacked an officer, according to the reports.

In the lawsuit, Napier said he was not resisting arrest and did not pose a threat to the officers. He was unarmed and helpless during the arrest, he said.

He was arrested and taken to the police department, where he waited for medical treatment in a jail cell for about four hours while "writhing in pain," according to the lawsuit.

As many as 10 police officers, who are not named in the lawsuit, placed Napier in the cell and delayed his medical care, he said.

Napier was eventually taken to the hospital and underwent emergency surgery for his punctured lung, according to the lawsuit.

He has suffered extreme emotional distress, trauma and humiliation because of the incident, which left his eyes burning from the pepper spray, he claims in the lawsuit. He continues to experience physical and psychological damage, he said.

Napier declined to comment in person during a recent afternoon as he left Middlesex County Superior Court after a drug court hearing. He said he could not speak about the case without his attorney present.

According to the police department's arrest report, Napier was in the area of Throop Avenue and Delevan Street that day when he was arrested for manufacturing, distributing or dispensing drugs.

Four months later, in March 2016, he was indicted on seven counts that include possession of a controlled dangerous substance with intent to distribute, resisting arrest and tampering with physical evidence, among other charges.

On the day he was arrested, he intended to distribute less than half an ounce of heroin and was in possession of oxycodone, according to the indictment.

Napier's criminal record dates back to 2003 when he was arrested for possession of cocaine, court records show.

At the time of the arrest, Rivera had worked at the police department for nine years and Powers for three.

Rivera makes $103,839 a year and Powers makes $71,773, according to police department data.

Napier's lawsuit seeks damages for the use of excessive force, the denial of adequate medical care and the alleged cover-up of the use of excessive force. It also seeks damages for the department's failure to properly train and supervise its officers.

Luke Nozicka can be reached at lnozicka@njadvancemedia.com or on Twitter @lukenozicka.

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