Notice of claim: Police assaulted Wyandanch man at gas station, tearing off prosthetic leg

Suffolk police "violently ripped off" a Wyandanch man's prosthetic leg and fractured his orbital bone during an altercation last summer at a gas station, according to a notice of claim filed against the county.

Waverly Lucas, 48, of Wyandanch, also suffered blurred vision, a wrist injury and emotional trauma as a result, a Nov. 15 notice of claim said. Lucas, who is Black, is seeking $10 million in damages.

"What happened to Waverly is an example, a small example, of what happens every single day in Black and brown communities at the hands of the police," said Lucas' attorney Heather Palmore of Melville.

The officers are white, according to the claim.

The police eventually returned the prosthetic leg, Palmore said, but it was damaged and missing a part.

The Suffolk police Internal Affairs unit is investigating the allegations, according to a spokeswoman. She declined to comment further.

A Suffolk spokesman and a spokeswoman for District Attorney Ray Tierney both declined to comment.

Lucas was charged with criminal possession of a controlled substance, resisting arrest and obstruction after the Aug. 18 altercation. He pleaded not guilty at his arraignment in September. Lucas is scheduled to return to court on Feb. 24.

Lucas had a prescription for Oxycodone pills found by cops in his vehicle, according to Palmore. He takes the pills for pain related to his lost leg, she said.

The notice of claim said Lucas, driving a 2015 Ford, pulled into a gas station on Straight Path in Wyandanch when he noticed a police vehicle make a U-turn. The vehicle, carrying two officers, pulled up next to Lucas.

A cop got out, stopped Lucas from entering the gas station and demanded identification. When Lucas asked why, the officer falsely accused Lucas of urinating in public, the notice said.

The cop then lunged at Lucas, put him in a chokehold, and handcuffed him, according to the claim. Lucas was then dragged to the police vehicle and shoved in, the claim alleges.

The officers did not have a warrant for Lucas’ arrest, Palmore said.

"Not only was Mr. Lucas purposefully elbowed by one of the officers in his right eye, fracturing his right orbital, but Mr. Lucas’ prosthetic leg was violently ripped off and thrown into the trunk of the police vehicle," the notice of claim said.

The officers transported Lucas to the First Precinct in West Babylon, where an ambulance was waiting.

Lucas was taken to Good Samaritan Hospital but did not receive treatment. Instead, he was returned to the First Precinct and given a desk ticket, according to the claim. He returned to Good Samaritan and was diagnosed with a severely fractured orbital bone, swollen wrists and other injuries.

Lucas had to pay more than $800 to recover his Ford, which was impounded for about a month. He continues to require medical treatment for injuries suffered during the attack, the papers said.