The city of Topeka released a statement Wednesday alleging that a man who is suing the city over excessive force grabbed the duty belt of a police officer and never said he was suffering from a broken jaw while in custody.

The Topeka Capital-Journal obtained a body camera recording Tuesday showing the Jan. 23 interaction between Timothy Harris and Airel Gatewood, who were sitting in a car in the 2600 block of S.E. 10th, and Topeka police officer Christopher Janes. The officer, according to city spokeswoman Molly Hadfield, was investigating a theft complaint against Harris, who also had an outstanding warrant for violating probation.

Hadfield said a use of force report found Harris repeatedly failed to follow verbal orders, resisted by tensing up his body and reached back to grab Janes' duty belt, which contained handcuffs, pepper spray and a firearm.

"The officer then placed Harris on the ground for better control until additional officers arrived," the city's statement said. "While on the ground, Harris again grabbed the officer’s duty belt. In response, the officer used two fist strikes to Harris’s torso and applied pepper spray to his face."

Harris was treated for facial lacerations and pepper spray exposure.

"At no time while Harris was in TPD custody did he complain of a broken jaw," the statement continued. "Further medical care was refused by Harris at the scene after which he was transported to the Department of Corrections."

A federal lawsuit filed Sept. 19 alleges Harris was beaten and his jaw was broken.

Andrew M. Stroth, Harris' attorney, said Janes used excessive and unreasonable force directly resulting in Harris' broken jaw.

"The medical records verify Timothy Harris' injuries," Stroth said.

He said the video speaks for itself.

"If (Topeka police) Chief Cochran believes that's constitutional policing, we have a very different perspective," Stroth said.

The use of force report concludes Janes used effective communication techniques and remained calm while using force on Harris and addressing Gatewood at the same time.

"Department policy was followed on this use of force," the report says.

Records from Topeka Municipal Court show Harris was found guilty of parallel parking more than 12 inches from the curb and interference with a law enforcement officer. Charges including battery against a law enforcement officer and disobeying a lawful police order were dismissed.

Janes has been employed with the Topeka Police Department since Feb. 29, 2016, and is still with the department, according to records from the Kansas Commission on Peace Officers’ Standards and Training.

On July 10, Janes was involved in a two-vehicle crash at S.W. 12th and Topeka Boulevard. The lights and sirens were activated, but an investigation by the Kansas Highway Patrol found that Janes failed to drive with due regard. Janes and two occupants in the other vehicle were taken to a local hospital for treatment.