Clearfield Police Officer Brian Dixon and Sargent Gregory Neeper have settled a lawsuit filed against them by Anthony Werman for $319,000. Werman was represented by attorney Michael J. Zicolello of Schemery Zicolello, Williamsport, Pennsylvania. Werman's civil rights complaint filed in the Federal District Court for the Western District of Pennsylvania alleged violations of his federal civil rights arising from Officer Brian Dixon charging Werman with attempted murder for a police officer when Dixon was responding to a domestic disturbance at 111 Turnpike Avenue in Clearfield on December 3, 2007. Officer Dixon had charged Anthony Werman with attempted murder of a police officer and other crimes claiming that Werman attacked Dixon with a six inch Alaskan Ulu knife raised above his head while Dixon was attempting to enter the apartment to investigate. Two other officers, who were present at the scene, Officers Michael Rummel of the Clearfield Police Department and Jonathan Walker of the Lawrence Township Police Department, and who physically subdued Werman have indicated that neither ever saw a knife in the possession of Werman at the scene. Officer Dixon admitted that he did not yell "knife" at any point during the incident and did not caution Officers Rummel and Walker that Werman had possession of a knife while they were attempting to place handcuffs on Werman, Dixon acknowledged that at no point at the scene did he ever caution any officer of even the possibility that Werman had possessed a knife.
Anthony Werman was incarcerated in the Clearfield County Jail until December 26, 2007, at which time he was released on supervised bail. He remained on supervised bail until a Notice of Withdrawal of the Charges was filed by the Clearfield County District Attorney on January 16, 2009, stating that the interests of justice required that all of the charges filed against Werman be withdrawn. Although the District Attorney's Office and State Police did file criminal charges arising from the incident against Officer Dixon and Sargent Neeper, the charges were thrown out during a preliminary hearing before a District Justice. Charges were never refiled against the Officers.
In November 2009, Anthony Werman filed an Eleven Count Complaint in the Federal District Court for the Western District of Pennsylvania asserting civil rights violations and other claims arising from the incident. Before the case was scheduled to go to trial, Officer Dixon and Sargent Neeper settled the lawsuit for $319,000. While, as part of the settlement, they acknowledged no wrongdoing with respect to the incident, Michael J. Zicolello, Esquire, indicated that settlements of this amount are rare and are usually a very good indication that the Defendants did not feel they had much of a chance of prevailing at trial. Mr. Zicolello also observed that it is a curiosity to him as to how Officer Dixon has avoided criminal prosecution or even some sort of administrative discipline with respect to the incident
