Cavanaugh wrote in a police report that he ordered Peterka to stand, face the building and put his hands on top of his head. Peterka stood but then started to walk way, Cavanaugh wrote, at which point he told Peterka he was under arrest for failure to comply and ordered him to put his hands behind his back. Peterka says he was never told he was being arrested.

Cavanaugh forced Peterka to the pavement when Peterka protested Cavanaugh’s intent to frisk him, the suit and police report say.

After Peterka was handcuffed, an ambulance took him to St. Mary’s Hospital for treatment.

Cavanaugh said in the police report that he had smelled alcohol on Peterka’s clothing and breath, but that Peterka had denied drinking alcohol that night. Cavanaugh wrote that Peterka “made an affirmative movement with his right hand near his waist area and quickly turned towards me.” Cavanaugh wrote that he kicked Peterka’s legs out from under him in fear that he had a weapon.

“Peterka and I both fell onto the ground with him underneath me, at which time he struck his chin on the ground,” Cavanaugh wrote.

Police removed brown gloves and a flashlight from Peterka’s pocket.