Lawsuit Filed Against City and Police After Alleged Attack by Police K-9

WILKES-BARRE -- A man from Berwick is filing a federal civil rights lawsuit against the city of Wilkes-Barre and the Wilkes-Barre City Police Department.

The suit alleges police used excessive force while arresting Joshua Fought in July, specifically a police dog.

Video shot by Rolando Serra showed Fought handcuffed on the ground on Public Square. Viewers can see a Wilkes-Barre Police K-9 jumping up and down as Fought’s leg pops up.

Months later, his lawyers shared pictures of Fought’s injuries with Newswatch 16 to show what they look like now. We blurred them some because they were so graphic.

Fought’s attorney, Kevin Mincey spoke to Newswatch 16 from Philadelphia over the phone.

“Right now he’s dealing with the fact that he’s permanently disfigured,” Mincey said of his client. “When you put your shirt on, you're taking a shower, and you can feel and see the aftereffects of this dog just chewing on his back,” Mincey said.

Court records show Fought had a lengthy criminal record.

In this case, Fought was charged with public drunkenness, disorderly conduct, and resisting arrest. A judge dismissed all of those charges on Thursday.

“He's looking for justice. He was essentially wrongfully accused, forced to go through the criminal justice system and he had to suffer the horrific injuries,” Mincey said.

Both the dog and K-9 officer are still on active duty.

We reached out to the city for a comment on this story, they said they cannot discuss pending litigation.

9 comments

  • NotRight

    Lengthy criminal record or not, charges were dropped in this particular circumstance. This was clearly excessive force. The K9 is supposed to subdue a suspect. This guy was handcuffed and on the ground! Shame on the officer to let the dog continue

  • Keystone cops

    I say put down the dog and lock up this cop. I hope the guy wins millions. As far as the Wilkesbarre tax payers taking another hit? Oh well, that’s their punishment for living in such a craphole!

  • tiny turtle

    He’s looking for justice?!?! What about the community he was living in? A lengthy criminal record, right…and I’m sure he’s aid restitution for all the one’s he’s wronged. Sorry, dude. Getting taken down by the police is one of the job risks for a career criminal. How much more will this dirt bag suck from his community? smh

    • warningfakenews

      Quite a bit when the city settles the case at the insistence of their insurance carrier. Look, no one really is in favor of career criminals, but this is the new reality we live in.

      The city simply doesn’t have the funds to continue to allow this kind of thing to happen on a regular basis- because it’s SO EASILY documented. Most career criminals would simply squander their reward received in a case like this, adding insult to injury. The city will settle it, they will have no choice.

  • warningfakenews

    Looks like a substantial payout courtesy of Wilkes-Barre taxpayers. Cops cannot approach their work they way they did 25 years ago, everyone and their brother (sister, wife, mother, kid, and sometimes even dogs) has a video camera now.

    Is it stupid to disobey a cop? Usually, even when the cop isn’t acting in accordance with the law. There isn’t much justification for brutalizing a person at length, who’s already on the ground.

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