A Milton resident is suing the Town of Cambridge City and one of its police officers, claiming unlawful and excessive force and a violation of his First Amendment right to free speech approximately two years ago.
The civil tort was filed the evening of Friday, May 9, in Wayne County Superior Court 1, based on an interaction between plaintiff John C. Surguy and Seth Biava, a Cambridge City Police Department officer, on May 11, 2023.
According to the lawsuit, Surguy was clearing brush on a friend’s property when he said Biava arrived and used unlawful and excessive force when falsely arresting him. Surguy also alleged that Biava attempted to break Surguy’s body camera, which violated his protected right to record an officer performing public duties.
On Friday, May 16, CCPD chief Richard Roberts and Biava declined to comment, saying they hadn’t yet been served with any papers.
Surguy alleged he was handcuffed in an aggressive, unreasonable and forceful way with overly tight cuffs that caused his wrists to bleed. He said he was diagnosed with wrist lacerations at an urgent care clinic.
The plaintiff said he was made to drop his phone because he was recording the event.
Surguy said he was transported to Wayne County Jail, where Biava told him he would stay unless he signed a criminal trespass order. The plaintiff said he did sign the document under protest and duress because he didn’t want to suffer additional loss of liberty resulting from his unlawful incarceration.
Surguy now seeks compensatory damages after claiming a loss of liberty, false arrest, physical pain, mental suffering, emotional distress, humiliation, embarrassment and other damages and injuries. He also seeks punitive damages and reasonable attorney’s fees and costs, saying Biava’s actions were intentional and in reckless disregard of Surguy’s federally protected civil rights.
Surguy’s filing said he prevailed on the merits and no criminal charges were filed, so his confinement was unlawful.
Surguy is represented by Christopher Myers of Myers & Wallace LLP of Fort Wayne.
A version of this article appeared in the May 21 2025 print edition of the Western Wayne News.