A New Jersey woman has sued the Millville Police Department, charging a police K-9 bit her son's ear off after he was found hiding in the basement of a pizzeria where he went to get high.

Joey Myers, 25, of Millville, died in an unrelated car accident in Oct. 2016.

The suit filed in federal court by his estate and Carolyn K. Chaudry, his mother, claimsg Myer's rights against unreasonable search and seizure were violated. The suit asks for damages in excess of $1 million and names the City of Millville, Police Chief Jody Farabella and three individual police officers.

"My son was viciously attacked by the Millville Police Department's dog and lost a portion of his ear, for no known reason" Chaudry said in a statement.

During the search Myers was found by the dog hiding under the basement stairs. Chase then proceeded to attack Myers, biting his leg and face and ripping off a large piece of his right ear. Officer Gavin Phillips allegedly punched Myers with a closed fist several time. No weapon was found, according to the lawsuit.

After being treated at the hospital, Myers was held in Cumberland County Jail.

Myers was charged with obstruction, hindering apprehension, resisting arrest by flight and interference with a law enforcement animal, NJ.com reported.

Myers' attorney, Conrad J. Benedetto of Philadelphia, said his client sustained a disfiguring injury and suffered egregious pain due to this attack.

"Joey Myers appears to have been assaulted by K-9 Chase and his handler without provocation and was inflicted serious injury." stated Benedetto.