BANGOR — A prisoner with a long criminal history claims a former Penobscot County guard spanked and fondled him in jail 2 1/2 years ago.

During the opening day of testimony in Mark Ellis’ lawsuit against the Penobscot County Sheriff’s Department and two of its top officials, attorneys for both sides were able to agree on at least one point: Ellis’ credibility also is on trial.

Ellis, 27, has an extensive criminal record that includes arson and possession of a firearm by a felon. He currently is serving an 11-year term for sexually assaulting a 6-year-old girl.

His attorney, Mark Kierstead, told U.S. District Judge Morton A. Brody Tuesday that Ellis’ constitutional rights were violated when he was sexually assaulted while in jail awaiting trial.

During the first incident, on Oct. 8, 1991, four guards were sent in to remove a class ring from Ellis, who was on suicide watch. Ellis refused to turn over the ring, and after the guards restrained him, an agitated Ellis was transferred to another cell, where he was tied face down to a mattress with leather straps.

As he lay there, one of the guards, Sgt. William Meade, allegedly spanked Ellis on the buttocks.

“Needless to say, my client was not happy,” Kierstead said.

Ellis maintains that the spanking occurred on his bare buttocks.

A defense attorney and two of the guards who were present insisted that what Ellis called a spanking was more of a friendly gesture intended to soothe the inmate.

“I likened it to what a coach does to a football player,” Daniel Saunders, a former guard, said when questioned about the incident by defense attorney Timothy Woodcock.

Another guard who was present, Ty Bab, said Ellis’ pants were only partially down during the incident, and that Meade told him, “Behave yourself, and we’ll get you out of these restraints as soon as we can.”

Kierstead said that later in the day, Meade allegedly returned to Ellis’ cell and fondled his genitals, an accusation Meade denies.

And then, on Jan. 15, 1992, Meade allegedly walked by Ellis’ cell and said, “How’s the little guy doing?”

The remark also was heard by a therapist, and Ellis maintains it referred to his genitals. Woodcock, however, argued the remark was not sexual in nature.

The third incident occurred just hours after an in-house hearing was held by jail officials to determine whether Meade violated codes of conduct.

Meade eventually was found to have broken three rules — conduct unbecoming an officer, incompetence and breaking rules governing inmate-supervisor relations. He was reprimanded and later resigned.

During his opening statement, Woodcock pointed out that the cell in which the assault allegedly occurred was in full view of a control room.