Pittsburgh man files federal lawsuit against state police officers claiming constitutional rights violated

A Pittsburgh man who drove toward police on Route 28 with another man clinging to the hood of his car says state police arrested and charged him instead of his attacker because of his race.

Dwayne Harvard alleges that state police officers Christopher J. Cesnalis and Daniel L. Beatty charged him with crimes he did not commit in 2015 because he is black, while not charging Steven Sutton, the man who had allegedly threatened and attacked him, because Sutton is white.

In a federal lawsuit, Harvard alleges that Cesnalis and Beatty violated his rights under the Fourth and 14th amendments. Its counts include charges of reckless investigation, malicious prosecution, conspiracy, false arrest, false imprisonment and intentional infliction of emotional distress.

Censalis and Beatty no longer work out of the state police station in East Franklin, which patrols Route 28.

State police spokesman Ryan Tarkowski said Cesnalis now is assigned to the Kiski Valley station; he could not be reached for comment there. Beatty is assigned to the drug law enforcement division, which has no public phone number.

Tarkowski said state police would have no comment on the lawsuit.

Harvard's attorney, Joel Sansone, could not be reached.

According to the lawsuit, Harvard encountered Sutton on April 19, 2015, in the driveway of Anna Mazzetti's Springdale Township home.

Harvard had been driving south on Route 28 that evening when he saw Mazzetti signaling to passing motorists from the side of the highway, stopped to see if she needed help and agreed to take her to her home.

Harvard did not know Mazzetti, who is white, the lawsuit states.

Sutton came out of Mazzetti's house when Harvard pulled into the driveway. The suit claims he was immediately hostile, demanding Harvard explain why he was with Mazzetti.

The suit says Harvard was on the phone with a 911 operator while Sutton used racially offensive language and made a number of threats, including picking up a cinder block, brandishing a large knife and threatening to shoot both Harvard and Mazzetti before going back into the house.

Harvard was backing out of the driveway when Sutton came back out of the house and jumped onto the hood. Harvard saw a bulge in the waistband of Sutton's pants, which he believed to be a gun.

In an April 2015 interview, Sutton denied making any threats and said he jumped onto the hood because Harvard tried to run him over.

Harvard described what was happening to the 911 operator, who the suit says told him to get off Route 28 at Natrona Heights, where police would be waiting to help. Before getting there, the suit says Sutton discarded his knife and the suspected hidden firearm.

Harvard believed police would know what was going on from his 911 call. But instead of helping him, Harvard's suit says police drew their weapons and arrested him.

According to the suit, Cesnalis asked Harvard if he had been drinking, to which Harvard said he had two beers about four hours ago.

Cesnalis allegedly would not let Harvard explain what had happened and demanded Harvard take a Breathalyzer test, addressing him as “boy.”

Harvard took the test and registered a blood alcohol level of 0.064 percent, below the 0.08 legal limit to drive.

Despite that, the suit says Harvard was arrested and taken to the state police station in East Franklin for further questioning. Beatty, a drug recognition expert, joined Cesnalis in evaluating Harvard. Harvard was given a second Breathalyzer test, which registered 0.051 percent, and was taken to a hospital for a blood test.

While the suit says the blood test did not find any illegal substances in Harvard's bloodstream, Beatty concluded Harvard was under the influence of depressants and stimulants.

State police charged Harvard with aggravated assault, simple assault, recklessly endangering another person, disorderly conduct, reckless driving and driving under the influence of a controlled substance.

He was detained in the Allegheny County Jail.

District Judge David Sosovicka dismissed the DUI charge in August 2015, saying that the state failed to establish a case.

Harvard was found not guilty of all remaining charges against him at a non-jury trial in April 2016, according to the lawsuit.

The lawsuit says that, because of the charges filed against him, Harvard was suspended from his position as a commercial truck driver and was out of work for about six months while the charges were pending.

Brian C. Rittmeyer is a Tribune-Review staff writer. Reach him at 724-226-4701, brittmeyer@tribweb.com or on Twitter @BCRittmeyer.