Allegations:
McDowell was playing dice with three other men one afternoon when an unmarked car pulled up and Officers Ciner, Fenton and Skupien got out. The officers told McDowell to place his hands on the hood of the car while they ran his identification, which came back without any warrants. The officers handcuffed McDowell anyway and had him and his friends transported to a police station in a wagon. At the station, the men were told to empty their pockets. When one of the officers picked up a pair of dice and put it in a plastic bag, McDowell told the officer the dice were not his. The officer told him to “shut the f**k up” and began yelling at McDowell. When McDowell explained that he was just trying to tell the officer the dice were not his property, the officer said, “Don't say s**t. Sit your ass down.” When McDowell politely replied that he meant no disrespect but felt the officer shouldn't be talking to him that way, the officer punched McDowell in the face and head, causing McDowell to almost lose consciousness. McDowell was bleeding from his nose and mouth for about an hour until he was taken to get processed. Once the lockup keeper noted his injuries, McDowell was taken to the hospital, where he was treated for a broken nose, swelling in his face and various cuts and bruises. When McDowell appeared in court about two months later, the charges against him and his friends were dismissed. As a result of the incident, McDowell continues to suffer from occasional headaches and dizziness.