A civil suit claiming Tamaqua police maliciously arrested two New Ringgold men, resulting in one of them being wrongfully imprisoned for 72 days, has been filed by them against Cpl. Henry Woods and officers Anthony Stanell, Rick Bekesy and Jeremy Sborz in the United States District Court for the Middle District of Pennsylvania.

The plaintiffs, Harold Hill and Christopher Hill, both of 47 Mauch Chunk Road, are seeking damages in excess of $75,000, compensatory damages that include loss of wages, statutory damages, punitive damages, attorney’s fees, expenses that include the cost of the suit and equitable relief. A trial by jury is sought.

Attorneys L. Anthony DiJiacomo III and Gary Schafkopf, Bala Cynwyd, filed the action, alleging the officers’ action resulted in malicious prosecution, false arrest and wrongful imprisonment.

At issue was the Feb. 28, 2018, arrest of Christopher Hill and Joseph Franz (who is not a party of the suit) by Stanell, Bekesy and Sborz on what the defendants claim were wrongful charges of burglary, conspiracy to commit burglary, criminal trespass, conspiracy to commit criminal trespass, theft by unlawful taking or disposition, conspiracy to commit theft by unlawful taking or disposition and receiving stolen property.

Cpl. Woods, who is now chief, is named in the action because the plaintiffs allege he authorized the arrests.

In the pleadings, the plaintiffs identify Harold Hill as a contractor and landlord involved in repairing residential buildings and his son, Christopher, is his employee. The suit states Harold Hill received a text message on Feb. 28, 2018, from Frantz, who offered to sell him roofing materials that have a retail value of about $120 for $100.

The plaintiffs said they met Franz at 506 E. Union St., Tamaqua, to pick up the materials, knowing Franz had previously obtained authorization from the property owner, Benjamin Sherry, to sell the roofing materials, and eventually took the materials to a building owned by Harold Hill at 407 Willing St., Tamaqua.

Shortly thereafter, the suit says, Stanell, Bekesy and Sborz arrived at the Willing Street property. Christopher Hill and Franz told them Franz has permission from Sherry to sell the materials. The officers told them Sherry no longer owned the property, saying it was sold at a sheriff’s sale in October 2017.

The suit claims the Hills and Franz were unaware the property had been sold to a Scott Wesner, and despite telling the officers that, they confiscated the roofing materials and arrested Christopher Hill and Frantz.

The suit alleges the officers did not have an arrest warrant before making the arrests, but then obtained one the next day (March 1, 2018).

The suit says upon learning an arrest warrant was issued, Harold Hill turned himself in to police and was arraigned and released on his own recognizance.

It further states Christopher Hill, who was already on parole at the time of his unlawful arrest, spent approximately 72 days in the Schuylkill County Prison in Pottsville, during which time he lost wages.

The plaintiffs’ complaint states all of the charges against them were dismissed on April 13, 2018, but they had already suffered “significant harm” and “emotional harm,” as well as having to spend about $1,900 in attorney’s fees and court costs in defending the “malicious charges.”

They contend the police officers acted with malice in arresting them while having the knowledge and understanding that probable cause did not exist for their arrest and prosecution and that the cops failed to intervene to prevent the violations of the plaintiffs’ constitutionally protected rights.