A Farrell man who accused a Southwest Mercer County Regional policeman with running into him with a cruiser has taken his complaint to court.

Alfred D. Clarke, 45, of 418 Indiana Ave., filed the suit Jan. 3 against the department and patrolman David Moyer.

Clarke was leaving a basketball game in Farrell Area School District's McCluskey Gymnasium on Jan. 23, 2001, when Moyer responded to a call of a fight outside the gym, the lawsuit says.

Clarke said he was walking on the sidewalk along Roemer Boulevard when Moyer suddenly backed into him, knocking Clarke into the street before the cruiser hit him again, the lawsuit said.

In a complaint filed with the police department two days after the incident, Clarke said he walked behind the cruiser because Moyer had started to get out of the car.

After Clarke and others yelled at Moyer that he had hit Clarke, Moyer rolled down his window and shouted "shut the f

In his report, Moyer said he had backed up no more than 1 foot to negotiate parked cars.

Clarke yelled and swore at Moyer, which agitated a crowd of 50 to 150 people, Moyer said in his report.

Shortly afterward, when Clarke had resumed walking, Moyer grabbed him by the arm and asked him for identification, Clarke says in the complaint.

Moyer, in his report, claimed Clarke tried to walk away, and he "politely" placed his hand on Clarke's shoulder, telling Clarke he would have to provide identification.

Clarke, a truck driver, said he suffered back, leg and arm injuries and was unable to work until Feb. 7, 2002.

Moyer noted in his report, "Clarke was holding his left arm up to his right shoulder using his right hand to hold his opposite wrist against his chest as to support it in an alleged attempt to state that I backed into him."

Moyer said it was "extremely unlikely" that the cruiser could have struck Clarke within the 1 foot distance he backed up.

Clarke said Moyer's negligence and carelessness also caused him to suffer from, and continue to suffer from, pain, mental anguish and humiliation.

Clarke is seeking more than $25,000.

Southwest Police Chief Riley Smoot Jr., who took over the department Jan. 6, said he knew nothing about the facts in the case, other than what was in the lawsuit, and the case has been turned over to the department's solicitor and insurance company. "Unless someone does a deposition, we're out of it at this point," Smoot said.

Moyer declined to comment.

Clarke's complaint played out publicly once before, when he attended a July 17, 2001, meeting of the police commission. He questioned the driver's training police receive, noting his case and a couple of other incidents.