John Fye, 30, had a broken rib and a torn rectum after the assault Feb. 7 at the jail, according to his lawyer, Michael Sherman.

He said officers gave Fye a "wedgie" by pulling up his underwear with extreme force. He also said Fye was kicked twice in the ribs.

Warden William Schouppe said two guards, whom he would not identify, are under investigation. One has been suspended with pay, and the other is already off work following dental surgery, Schouppe said.

Sherman said Fye was choking on food in his cell when officers entered and began joking about him.

"The one officer said, 'Let's see if he's still breathing,"' Sherman said. "They thought it was a big joke."

A jail nurse saw what happened, the attorney said.

Schouppe said Fye had only bruised ribs and a cut rectum. He said Fye was displaying symptoms of drug withdrawal, which Fye's attorney disputes.

He said Fye choked up food after paramedics arrived. He was treated at UPMC

Beaver Valley, returned and released on bond on Monday.

Fye was held on an arrest warrant from Carroll County, Md., for missing a court date.