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A Wilkes-Barre police officer bitten by one of the department’s K9 dogs during an arrest last year sued the city, alleging the handler was appointed in violation of departmental policy and lacked the training to control the animal.

Anthony Falcone of Wilkes-Barre said he was injured and off the job for four months after K9 Chase attacked him while on duty in December 2017.

Falcone and wife Kaitlyn joined Joshua Fought as plaintiffs in the amended complaint filed Tuesday in U.S. District Court in Scranton.

The addition was expected after Fought’s Philadelphia attorney Kevin Mincey earlier this month said he was contacted by Falcone and asked for permission to consolidate claims against the city, K9 Officer Joseph Homza and ex-chief Marcella Lendacky.

Fought first sued the city a year ago, alleging his was mauled by the dog during an an unlawful arrest by Homza on July 18, 2017, on Public Square. In June 2018, a Luzerne County jury acquitted Fought of resisting arrest. The trial judge acquitted him of disorderly conduct and another charge of public drunkenness was dismissed at the preliminary hearing stage of the case.

The amended suit alleged Homza was one year short of the three years of service required for the K9 unit when Lendacky selected him for the position in the summer of 2016. By his own admission during the criminal trial, Homza failed to complete the monthly training as a K9 officer due to required overtime, the suit said.

The suit added that knowing Homza was not properly trained, Lendacky still decided to keep him in the K9 post after the attack on Fought.

After the dog bit Falcone, the third time the animal attacked someone, Mayor Tony George ordered the dog be taken out of service along with fellow K9 Skoty to undergo evaluations to determine if they were suitable for the job. The dogs were approved to return to service, but Skoty and his handler were required to participate in additional training.

In September, Chase bit another city officer and was temporarily taken out of service again. An internal investigation determined there were no departmental violations, but recommended platoon officers be trained on how to interact with the dogs.

Wilkes-Barre K9 Officer Joseph Homza, shown here during a demonstration, has been sued by another city officer bitten by K9 Chase during an arrest in December 2017.
https://www.timesleader.com/wp-content/uploads/2018/10/web1_TTL072518Police2.cmyk_.jpg.optimal.jpgWilkes-Barre K9 Officer Joseph Homza, shown here during a demonstration, has been sued by another city officer bitten by K9 Chase during an arrest in December 2017.

By Jerry Lynott

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Reach Jerry Lynott at 570-991-6120 or on Twitter @TLJerryLynott.