ST. LOUIS • The parents of a man who drowned in handcuffs while being arrested by a Missouri Highway Patrol trooper at the Lake of the Ozarks sued the officer and agency in federal court on Friday.

The lawsuit, over the arrest and death of Brandon Ellingson, seeks unspecified damages on eight counts relative to negligent training and civil rights violations. Included are allegations that the Missouri State Highway Patrol tried to cover up the incident and deflect blame from Trooper Anthony Piercy onto Ellingson. It points in particular to how Piercy used the wrong type of life jacket on Ellingson, after his arms were handcuffed behind his back.

Ellingson, a student at Arizona State University, had been driving his family’s boat, a 28-foot Sea Ray called the “Sotally Tober,” with several of his friends on May 31 when Piercy stopped it after seeing a Bud Light can tossed into the water.

Piercy arrested Ellingson, suspecting he was intoxicated. Ellingson toppled into the water after the patrol boat hit a wake. A coroner’s inquest in September ruled the drowning an accident.

“By bringing this action in federal court, Craig and Sherry Ellingson seek the justice which has so far been denied,” a statement from the parents’ attorneys said. “It is their hope that, through filing this complaint, the truth of Brandon’s death can finally be told.”

Piercy, an 18-year veteran of the Highway Patrol, testified at the coroner’s inquest that he was confident in his abilities on the road but had limited training for work on the water.

He said he was never trained specifically on how to arrest someone on the water or how to put a life vest on a secured suspect.

The lawsuit describes how Piercy pulled a pre-buckled “Type III life jacket” over Ellingson’s head, with the bottom of life jacket resting above his belly button and the top buckle around his chin. It says the trooper did not secure the jacket’s crotch strap.

The suit notes that the highway patrol’s policies called for a “Type I” or “Type II” jacket for a handcuffed individual being transported by boat. At least two of those were available on the patrol boat, the suit points out.

Piercy drove the boat at upwards of 46 miles per hour at times, the suit says, despite rough water and heavy traffic on the lake.

Ellingson’s lawyers contend the life jacket, not properly secured, came off within moments of him entering the water.

The suit describes frantic moments that followed as Piercy “killed the boat’s engines in a panic by placing the boat into reverse.”

“During this time, Brandon attempted to keep his head above water without the ability to use his arms,” it says. “After remembering he had to place the boat in neutral before he could restart the engine, Piercy drove the vessel near to Brandon and attempted to fish him out using the boat’s dock hook, despite knowing Brandon could not use his hands to grab it due to being handcuffed behind his back.”

The suit notes Piercy never activated any lights or sirens to indicate trouble.

Passengers on a barge named the Playin Hooky threw out a life ring, not realizing Ellingson was handcuffed. They then urged Piercy to jump in the water, the suit says.

It says Piercy removed his gun belt and jumped in, wearing a “Type V” personal flotation device. But, the suit says, Piercy mistakenly believed his own vest would auto-inflate as he struggled to bring Ellingson to the surface. He then lost his grip.

Ellingson’s autopsy showed he had a blood alcohol content of 0.268 percent when he died, more than three times the legal limit to drive or operate a boat. The suit questions those findings.

Piercy has since returned to duty working Missouri highways, not waterways.

Jennifer S. Mann covers state courts and the criminal justice system. Follow @j_s_mann on Twitter.

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