Two Maine men claim that former Sulphur police officer Brian Thierbach needlessly kicked their legs out from under them while arresting them for trespassing in the parking lot of the Southwest Daily News on April 28.

Brandon Paul Carpenter and Logan Page Laliberte made the assertion in a lawsuit filed in federal court against Thierbach and the city of Sulphur, seeking compensation for Thierbach’s actions.

During the arrest, Thierbach shot and killed Carpenter’s dog, Arzy Kensington, a Newfoundland-Labrador mix. The men claim the dog was not aggressive and that the shooting was unwarranted. Thierbach’s actions were “extreme and outrageous,” the lawsuit claims.

Carpenter and Laliberte were charged with criminal trespass.

The lawsuit makes several claims: that Carpenter’s rights against illegal seizure were violated; that both men’s rights against excessive force were violated; that Thierbach committed assault and battery; and that the city had negligent hiring, training and supervision.

“Because the lawsuit is pending, we cannot comment on the facts of the matter in great detail, but we believe that the lawsuit speaks for itself,” said attorney Alyson Antoon, who represents the men. “Nothing can bring Arzy back or undo the wrongs done to my clients. However, we are confident that the legal proceedings, both criminal and civil, will adequately address what we feel was a horrendous act of police brutality and abuse of authority.”

“The city of Sulphur has received the lawsuit and we’re in the process of compiling and reviewing the information related to the incident,” city attorney Mitch Redd said in a statement. “And, as a matter of policy, the claim will be submitted to the city’s insurance company as well.”

Carpenter and Laliberte were traveling through Sulphur with Arzy, when they “took shelter in an open box car in the parking lot of Southwest Daily News,” the lawsuit claims. Thierbach arrived with his gun drawn and pointed in the plaintiff’s direction, ordering them out of the truck and ordering Carpenter to secure the dog. Carpenter tied the dog to the truck with a 3 1/2-foot leash.

Carpenter assured Thierbach that the dog was not aggressive and it did not act aggressive, the lawsuit says. While handcuffing the men, Thierbach “without any reasonable justification” kicked the legs out from both Carpenter and Laliberte. The officer walked “directly” over to the restrained dog and “maliciously and intentionally” shot Arzy in the head.

The lawsuit claims Thierbach acted “without the slightest provocation or legal or moral justification.” Arzy’s remains were placed into a bag and put in the back of a vehicle.

“All the while, conduct of officers at the scene was jovial and unconcerned to the events that had just transpired,” the lawsuit claims.

Thierbach resigned in May after an investigation found he violated department policy.

Police Chief Lewis Coats said he was “saddened” by the events and that Thierbach’s actions did not represent his expectations of his officers.

Thierbach has been indicted on a charge of aggravated cruelty to animals. He has pleaded not guilty.(MGNonline)