Assault and Battery

Officer Lecy threw Plaintiff to the ground after Plaintiff was in handcuffs. Officer Lecy also stated that “all you Native Americans are nothing but fucking animals.” Plaintiff said during his deposition that he suffered neck stiffness and emotional distress as a result of Officer Lecy’s excessive force and racist remark. In exchange for Plaintiff’s agreement to dismiss his claim for infliction of emotional distress, Defendants agreed not to bring a motion for summary judgment.

In 2012 client was pulled over on his motorcycle for his license plate light supposedly not being bright enough and then cited for not having a proper motorcycle license. After client received his citation, he was allowed to leave the scene on foot with his helmet and keys as the officers impounded the motorcycle. The officers later decided they wanted the keys to make towing the motorcycle easier. The officers then made contact with client about a ½ mile from the stop and requested the keys. Client refused to give the keys to them and was arrested.

Lawrence officers beat Mr. Figueroa without justification. Officers booked Mr. Figueroa, then ordered that he strip naked and placed him naked in a small lockup cell with a clothed male prisoner. They wanted to teach Mr. Figueroa a lesson: Don’t disrespect police officers. The City of Lawrence had a policy or custom of placing arrestees naked in a cell with another prisoner when a police officer claimed the arrestee was having suicidal thoughts. This unreasonable and easily abused policy permitted officers to degrade and intimidate Mr. Figueroa by falsely claiming he was suicidal.

In custody death due to alleged positional asphyxia resulting from several officers dog-piling on top of a prone suspect.

On March 16, 2006, Somerville officer Freitas, who was off-duty and had been drinking, confronted Gerard Contaldi (15) and his friends about kicking a recycling bin near Freitas’s sports car. Freitas called Gerard an idiot and slapped him. One of Gerard’s friends pushed Freitas, then the boys ran away. Officers stopped Gerard, threw him to the ground, and cuffed him. An officer pressed Gerard’s face in the gravel. Freitas hit Gerard in the eye with a flashlight.

On May 4, 2012, Mr. Holding was loud while visiting a friend who lived next door to Defendant Lauria. When Mr. Holding returned to his friend’s house the next afternoon, Defendant Lauria was waiting for him. Defendant Lauria was on duty in his marked Revere police car wearing his police uniform. Defendant Lauria went up to Mr. Holding and, without provocation, punched, kicked, and cursed at Mr. Holding. Defendant Lauria fractured the bone at base of Mr. Holding’s right thumb and bruised Mr. Holding’s right shoulder, upper back, and left eye. Mr.

Officer Joshua Henninger took out his department issued Freeze +P chemical irritant and gave a burst directly into Plaintiff’s eyes. Plaintiff and his brother later approached Officer Henninger, and Plaintiff said he wanted Officer Henninger’s badge number. Officer Heidi Eisenbeis and Officer Luis Realivasquez subsequently took Plaintiff to the ground, by jumping on Plaintiff from behind, pushing Plaintiff face first into a city bench on the sidewalk, and kneeing Plaintiff in the ribs at least twice.

Jail deputies assaulted deceased causing bi-lateral jaw fracture. Plaintiff died 7 days later of cardiac arrest. Expert could not relate death to the assault.