A Penn State student is suing the university and five Penn State Police officers after he said several officers tackled him to the ground during the 2008 Mifflin Streak, leaving him with a concussion and fractured collarbone.
Christopher Ferry, of West Chester, filed a lawsuit Friday in the U.S. Middle District Court against Penn State Police Chief Stephen Shelow, officer David E. Bjorkman, officer Melani Medina, officer Sean Gorman, officer Mark Sinisi and several others who were listed in the lawsuit as John or Jane Does.
According to the lawsuit, Ferry is seeking more than $150,000 in punitive and compensatory damages. Ferry declined to comment and referred all questions to his attorney, who wasn't available as of press time Tuesday.
Penn State spokeswoman Annemarie Mountz said the university isn't backing down.
"We plan to vigorously defend the university against the unfounded claims in the suit," Mountz said.
The incident occurred during the annual Mifflin Streak on May 5, 2008, when a thousand people gathered on Mifflin Road to watch hundreds of students sprint naked down the street, according to court documents.
As Ferry completed his naked sprint in Pollock Quad, Bjorkman jumped out of a concealed spot and violently struck Ferry with his body, the lawsuit states.
Ferry claims Bjorkman blind-sided him and knocked him to the ground, according to the lawsuit.
Ferry claims he staggered to his feet in a startled and dazed state in severe pain when he was tackled to the ground face-first a second time by two or three more officers, according to court documents.
Ferry had to wear a brace for two months because of a broken shoulder, according to the lawsuit. He is also suffering from nerve pain in his right leg as a result of the attack, according to court documents.
Before the incident, Ferry was a "highly successful and skilled runner" on the verge of obtaining a scholarship from the university, the suit states. Now, the injuries suffered from the incident have "greatly impacted" Ferry's ability to run, the suit states.
The lawsuit calls the police's actions "unnecessary, unreasonable, excessive and outrageous," because Ferry was not intoxicated and didn't try to resist arrest.
Ferry's suit claims the officers were engaged in a "joint venture," and the officers only identified themselves as they were handcuffing him. Ferry was taken to Mount Nittany Medical Center to be treated for his injuries.
Ferry said he should be compensated for physical and emotional pain, medical expenses past and future, unlawful arrest and use of excessive force.
