Lawsuit accuses Millard deputy of excessive force

Published: Saturday, Oct. 18 2008 6:31 p.m. MDT

FILLMORE — A federal civil rights lawsuit alleging excessive force has been filed against a Millard County sheriff's deputy over the arrest of a drunken man in May.

Ty Pickyavit is suing deputy Clete Carter, alleging he used excessive force during the arrest. According to the lawsuit, Pickyavit admits to drinking and having trouble walking on May 6, when a good Samaritan stopped to offer him a ride. They were pulled over by Carter, and the event was captured on a police dash camera.

Pickyavit was handcuffed but had difficulty standing up because he had consumed so much alcohol, his attorney, Robert Sykes, wrote in the lawsuit.

"Officer Carter twice shoved Mr. Pikyavit's head into the side of the truck with great force, while ordering him to 'stand still.' This force was totally unnecessary because Mr. Pikyavit was not fleeing, resisting or a threat," Sykes wrote.

The lawsuit accuses Carter of shoving Pikyavit to the ground, knocking him unconscious. The 19-year-old was transported to the hospital where he was treated for head injuries. Pikyavit claims in the lawsuit that Carter lied to EMTs about how he got the injuries.

Pikyavit is suing for $5,000 in medical bills and other punitive damages. Millard County Sheriff Robert Dekker did not immediately return a message seeking comment on Saturday.

— Ben Winslow

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