AUBURN — A former Lewiston man is suing the Lewiston police chief and three officers, accusing them of violating his constitutional rights during an arrest that resulted in injury and the dropping of charges against him.

The city says the man assaulted a tow truck driver then left town before police could serve him with a summons.

Ali M. Mahmoud, who was 19 years old when he lived at 386 Main St. in Lewiston in late July 2013, filed a complaint earlier this week in Androscoggin County Superior Court claiming his state and federal civil rights were violated because police falsely arrested him and used excessive and unreasonable force against him. In his suit, Mahmoud said police injured him physically and caused him emotional distress, fear and psychological injuries.

Mahmoud, through his Bangor attorney, Hunter J. Tzovarras, wrote that on July 22, 2013, Mahmoud was in the area of Knox Street where police were called in response to an incident involving a taxi cab and a tow truck driver. Mahmoud said he wasn’t involved in that incident.

When police arrived, Mahmoud entered 22 Knox St. to visit a friend.

In the stairwell, two officers “pulled him down the stairs” and “shoved (him) into the wall,” cuffing his hands behind his back.

Outside, he was pushed against a police cruiser then thrown to the pavement, face first. The impact knocked out his front teeth and his mouth bled. Mahmoud was arrested on charges of assault and resisting arrest, but didn’t resist arrest, according to the complaint.

After he was put in the cruiser, police put a bag over his head and took him to a hospital. He was later taken to jail, where he was held for two days before he was released and the charges dropped.

Mahmoud, who is from Sudan, has received ongoing medical and dental treatment since the incident, the complaint stated.

“Several civilian complaints have been brought against the city and its police over the past several years regarding the false arrest or use of excessive force against minorities in the community,” the complaint said.

Ed Benjamin Jr., who is representing the Police Department, said Tuesday he planned to have the case transferred to federal court in Portland.

Benjamin said Mahmoud’s complaint tells only one part of the story, leaving out important details and getting some wrong.

According to police, Mahmoud’s vehicle was about to be towed from the Knox Street area where he had parked illegally on a private lot that was posted as a tow-away area for nonauthorized vehicles. As the tow truck driver prepared to drive away with Mahmoud’s vehicle, he and 20 or more others surrounded the truck, Benjamin said.

The tow truck driver told Mahmoud he wouldn’t tow his vehicle if he paid the fee. Mahmoud assaulted the tow truck driver by punching him in the head and kicking him in the face when he fell on the ground. The driver’s girlfriend, who stayed in the truck, called 911, Benjamin said.

That’s when police showed up, Benjamin said.

Others in the crowd described Mahmoud to police, who found him at 22 Knox St. Officers said it took two of them to control Mahmoud, who is 6 feet, 3 inches tall and weighs 250 pounds, Benjamin said.

During the scuffle, Mahmoud bit his tongue. He spat blood at police, who put a hood over his head to prevent him from spitting blood on officers while he was being transported, Benjamin said.

Because the paperwork from police charging him with assault and resisting arrest didn’t get to the jail on time, he was released, Benjamin said.

Police later drafted a summons on those charges, but Mahmoud “disappeared” and police weren’t able to serve the summons, Benjamin said.

Benjamin said police contacted Tzovarras after learning of the lawsuit, telling him about the outstanding summons for his client. A police report identifies the three officers identified in Mahmoud’s complaint only as John Doe No. 1, 2 and 3.

“He’s still going to be facing these charges,” Benjamin said.

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