A Delton bar owner who was prosecuted for urinating outside his business is suing the arresting officers and government officials for malicious prosecution of "crimes he clearly did not commit."
A 20-page federal lawsuit filed earlier this month stems from the May 10, 2014, arrest of Trujax Tavern owner Jack Nadwornik as he celebrated his 58th birthday.
The arrest and subsequent concerns about a 34-member reserve police force in a township of less than 4,000 people led to the August 2014 resignation of Barry Township Police Chief Victor Pierce.
Pierce, three officers and Barry Township are named as defendants in lawsuit which claims police used excessive force and did not treat Nadwornik for a broken hand.
It seeks damages for unlawful arrest, false arrest, false imprisonment, malicious prosecution, illegal search and interfering with business.
The civil rights lawsuit has been assigned to U.S. District Judge Janet T. Neff. A message was left at Barry Township offices Monday seeking comment.
Nadwornik for 32 years has operated the bar and restaurant on M-43 in southern Barry County.
Barry Township police in May 2014 went to the business to investigate a 3:30 a.m. noise complaint and came upon Nadwornik, who was urinating in a corner of the empty parking lot because the bar was locked up.
Three officers — two of them unpaid reserves — confronted him as he was zipping up his pants.
Officer Patrick Herson and reserve officer John Raterink yelled “get on the ground and place your hands behind your back,’’ the lawsuit states.
Nadwornik was struck on the hand with a baton and reserve officer Heath Scarborough struck Nadwornik with his knee, the suit claims.
Herson used “unnecessary neck pressure’’ on Nadwornik when putting him into a police car, the suit claims.
Nadwornik began to have trouble breathing while in the squad car and complained the handcuffs were too tight. He was booked into the Barry County Jail with visible bruises on his neck and hands, the suit claims.
After being released from jail the next day, Nadwornik went to the hospital and was treated for a broken hand.
When Pierce, the police chief, became aware of the incident, he “fanned the flames of the incident in the community,’’ the lawsuit claims.
Nadwornik was charged with disorderly conduct and resisting arrest, a two-year felony. The felony charge was dismissed three months later.
Nadwornik contends officers submitted false, misleading and incomplete testimony and/or evidence and went to the Liquor Control Commission in an attempt to block his planned brew pub.
The LCC determined there was insufficient evidence to launch proceedings against the bar. Nadwornik’s new brew pub license, although delayed, was eventually granted, according to the lawsuit.
