The Philadelphia DUI Law Blog

Man Arrested For DUI Claims Police Beat Him For Being Gay

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Jacobus resident Brian Keener claims he was followed by Pennsylvania State Troopers Brian Torkar and Sean Taylor after leaving a known gay club in York, stopped, arrested for a DUI and then beaten, the York Dispatch reported. The traffic stop occurred on Aug. 31, 2008, but he just recently filed a lawsuit against the troopers.

Brian Keener reportedly refused to take a blood-alcohol at York Hospital, according to his complaint. He claims he successfully passed a field sobriety test, and that he only had one beer at the club, but claims the officers said he failed anyway and handcuffed him.  

It's unclear whether his Pennsylvania DUI lawyer was able to postpone the DUI trial in light of the lawsuit's claims.  

Trooper Brian Torkar repeatedly used homophobic slurs during and after the alleged attack, according to a York Daily Record article citing the lawsuit. The article provides more details from the complaint, which claims the trooper followed Brian Keener for several miles after he left Club XS. He was pulled over after he failed to use a turn signal, which neither side disputes.

After the officer arrested him for suspicion of driving under the influence, for which Brian Keener said he lacked sufficient evidence, he was taken to the hospital for a blood draw (since he had refused a breathalyzer test). He ultimately refused to allow his blood to be drawn, after which he claims the officer "clubbed" him and then handcuffed him again.

He claims he was beaten some more and that Sean Taylor joined as well, while Brian Torkar repeatedly called him "faggot" and "queer," according to the suit. His blood was drawn after the beating and Brian Keener claims the results show that he was not intoxicated.

State Attorney General Tom Corbett's office denied any wrongdoing and said Brian Keener's injuries were "due to his own actions," but offered no further details.

Records show that he pleaded guilty to aggravated assault and a DUI on the date of the disputed incident.

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