CINCINNATI, OH (FOX19) - The Hamilton County sheriff and his deputy Jason Mize are now facing a federal lawsuit for the use of excessive force at the Justice Center.
The lawsuit was filed by 61-year-old Mark Myers attorney after he was booked into the Justice Center last year on August 20.
The incident was captured on surveillance camera.
Myers attorney, Paul Laufman, said Mize used excessive force.
"We see him tumbling and flying and smashes head first into a cinderblock. Where he just lands and lays there bleeding and reports say moaning somewhat."
According to the lawsuit, the nurse stated, "I hope he's not dead," after the incident.
Laufman said he suffered head injuries and broke a hip.
Nearly a year later, his recovery has still been difficult.
"His life certainly is harder than it was. Before he enjoyed working in his garden. He loved getting outside. There are simply things he'll never be able to do again," said Laufman.
In August of 2016, Myers was arrested for theft, which Laufman said was a misunderstanding and he was acquitted.
The lawsuit states that, Mize has since resigned but was never disciplined. Sheriff Jim Neil is also named in the lawsuit because Laufman said he failed to take action against Mize.
"There were three specific prior instances where he was found responsible for having used excessive force against individuals in the Justice Center he was responsible for caring for," he said.
Laufman said more than anything he is hoping this lawsuit brings attention to the public and jail to bring a needed change.
The suit doesn't specify a dollar amount for damages.
Laufman said he will let the court determine what is appropriate.
FOX19 NOW reached out to the spokesperson for the Hamilton County Sheriff's Office for a comment about the lawsuit, but calls were not returned.