Lawsuit: Man removed from transplant list after UPMC officer assaulted him, falsified charges

A UPMC police officer assaulted a Uniontown man during a medical transport and then lied about the incident to file criminal charges and have him involuntarily committed, a federal lawsuit filed Wednesday claims.

The allegations led to the man’s removal from a liver transplant list, although the charges were ultimately dismissed, according to the lawsuit.

David Drews, 52, received a living donor transplant in September, said his attorney, Alec Wright.

“Instead of being accountable and honest for his unjustified and excessive use of force, (UPMC police Officer Chris) Cicchitto lied under oath in at least the affidavit of probable cause used to arrest and criminally charge Mr. Drews for recording him, and in his testimony during the preliminary hearing in the criminal proceedings,” the lawsuit said.

“Cicchitto also lied to medical doctors and caused Mr. Drews to be involuntarily committed and removed from a life-saving liver transplant list,” the lawsuit added.

A spokeswoman for UPMC said they had no comment.

The complaint said Drews was at UPMC Presbyterian on Dec. 16 to be cleared for an impending liver transplant.

While there, Drews, who is bipolar, was placed on hold for a possible involuntary commitment at Western Psychiatric Institute and Clinic. His life-threatening medical condition had led to psychosis and he also appeared to be having seizures, the lawsuit said.

Cicchitto and three other UPMC security officers were to take Drews to Western Psych.

“At all relevant times, Cicchitto knew that Mr. Drews was vulnerable and being prepared for a potentially lifesaving operation for end-stage liver disease and hepatocellular cancer and was suffering from psychosis because of his medical conditions,” the lawsuit said.

During the transport, Drews began recording Cicchitto and the others. No one told him he was not permitted to do so, the lawsuit said. It also alleges there was no expectation of privacy.

According to the video, the complaint said, Drews called Cicchitto “dorky,” causing the officer to become upset. In response, Cicchitto punched Drews’ phone out of his hands, knocking it to the floor.

The lawsuit said Drews picked up the phone and continued to record, and Cicchitto tried again to knock it from his hands.

Drews called Cicchitto a “virgin” when the officer said, “‘What are you scared about? Your hands are shaking,’ ” the video showed.

With Drews lying in a hospital bed after exiting an elevator, the lawsuit said, Cicchitto pulled the bed toward him and punched Drews in the face with a closed fist and no warning.

Cicchitto then took Drews’ phone and punched him several more times, the lawsuit said.

The complaint said the officer lied to doctors about what happened, saying Drews attacked him. Drews was then involuntarily committed and removed from the liver transplant list, the complaint said.

He also was charged with aggravated assault, disarming a law enforcement officer, resisting arrest, harassment and disorderly conduct.

The lawsuit said Cicchitto falsely testified at a March 15 preliminary hearing that Drews grabbed him by the vest, reached for his Taser twice and hit him.

A district judge dismissed the aggravated assault and harassment counts, while a trial judge dismissed the rest of the counts in August.

The lawsuit includes claims for excessive force, First Amendment retaliation, malicious prosecution, false arrest, assault and battery.