UPDATE 11/21/2013 5:15 PM
John Michael Sadler says he was choked and punched while handcuffed and being processed by Patrolman Jay Hart back in August.
Sadler was arrested on a drunk driving charge.
Sadler filed his lawsuit in U.S. District Court in Charleston, alleging excessive force was used against him, violating his rights.
The lawsuit names Hart, the City of Parkersburg, its police chief and mayor and two other police officers as defendants.
The lawsuit seeks unspecified damages.
Update: 10/17/2013 6:40 P.M.
Parkersburg's mayor says discipline in the police department has improved under his current police chief.
The mayor says there have been fewer such incidents under Police Chief Joe Martin, than there were before Martin became chief in late 2009.
"Keep in mind, in the 18 months before he took over, there were 18 claims we paid out," Mayor Bob Newell said Thursday afternoon. "He had his work cut out for him when he came in. And this being his second in four years, he's done a very good job. With 45,000 calls in a year, we're going to have our issues from time to time. The perception should be that things are getting taken care of."
UPDATE 10/17/2013 4:30 PM
Words were exchanged then the video captures what happened next.
Being physical can be part of the job but the prosecutors office has the state police investigating if a Parkersburg Police Officer went too far.
There are lots of opinions about the video.
The suspect remains in jail and the officer on desk duty.
The attorney representing Patrolman Jay Hart and the City of Parkersburg declined to comment on the allegations for the time being.
But Parkersburg Police Chief Joe Martin told us Wednesday night that suspect John Michael Sadler, who was picked up August 13 for drunk driving, was uncooperative with police.
He adds the public needs to understand the problems police officers face in similar situations.
"I know what they go through, and how much restraint is necessary to do the job," says Chief Martin. "The fear of lawsuits is always going to be part of the job. Not that I agree with that, but we understand and accept that level of risk."
Chief Martin says he's less concerned about cases like the Sadler incident than he was when he became police chief nearly four years ago, when there were a number of cases where officers were accused of using excessive force.
UPDATE 10/17/2013 9:20 AM
This is the second time John Michael Sadler and police officer Jay Hart have met. The first time was in 2008, in a confrontation where Sadler threatened to kill both himself and police officers, before Hart shot and wounded Sadler.
Sadler was required not to have further contact with officer Hart after the incident. That may have been what Sadler was referring to in a video of the incident. It appears to show officer Hart grabbing Sadler by the neck, taking him to the floor, before being placed on a bench, whereupon officer Hart appears to grab him by the neck a second time.
Paul Morrison is Sadler's attorney.
"He was handcuffed and defenseless, and he made no movement toward the police at all," says Morrison, of the Windom Law Offices in Harrisville. "He did not try to kick or head butt them; at least that's not apparent on the video."
Parkersburg Police Chief Joe Martin's response: "It appears Mr. Sadler was not cooperative, or complying with the officers' commands in the process."
City police are conducting an internal investigation. West Virginia state police also have been asked to investigate the incident.
"And that's why I say, in the public's eye, it truly looks worse than it is," Chief Martin says. "Even though he's handcuffed, the officers are required to use some type of force. But that's what the investigation, I hope, is going to reveal."
So far, officer Hart, who has been reassigned to desk duty, is the only officer implicated in the investigation.
"Not only do Mr. Hart's actions bother me," Morrison says, "but the other officers stood around and did nothing while this occurred."
Morrison plans to file a civil rights action in U.S. District Court.
The mayor's office says Hart has no previous complaints involving abuse.
Hart has a lawyer, but we're told no statement will be made for now.
Sadler's lawyer says the Wood County Prosecutor's office asked for the state police to investigate.
Those findings will go before a grand jury.
Parkersburg Police confirm to WTAP News an officer is on administrative duty following an allegation of abuse against a suspect.
Chief Joe Martin confirmed the investigation but did not name the officer involved.
The suspect's lawyer, Paul Morrison, tells WTAP News the incident was captured on video.
Chief Martin confirms there is a video but what's not determined is what happened leading up to what's shown on camera.