Excessive Use of Force

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.

Plaintiff was in Yonkers City Court observing arraignment of his brother’s killer when he got into dispute with court officer, who claimed plaintiff was being too loud. Court officer arrested plaintiff for criminal contempt of court and used excessive force during arrest. Plaintiff was acquitted at trial. Plaintiff had pre-existing shoulder injury and the force caused exacerbation of pain/injury.

Bifcurcated case. Plaintiff, a closed-head injury patient, was in his home when his wife phone local LEO to get her cell phone from her husband. While inside Plaintiff’s home, the officers jumped and beat Plaintiff with a baton. Officer testified that it “slipped” into an extended position; physical injuries demonstrated repeated blows. Fellow officer testified that based on the physical evidence, it couldn’t possibly have happened the way the defendant officer described…settled shortly after his officer’s deposition. 

Excessive force involving one plaintiff and two officers. Strikes to the head with hard object while handcuffed. Minimal physical injuries. Witness saw incident from window. Officers denied completely. Original jury award of $5,000 compensatory and $100,000 punitive. Reduced to $50,000 compensatory following post trial motion to reduce punitive award.

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.

Client was an African American female detained for approximately twenty hours. The allegation was she was selling marijuana. No marijuana was found on her person. The judge threw the charges out at the arraignment. She worked for NYC and was drug tested subsequent to this and lost about a week of work. The client wanted to proceed with the settlement to be done with everything. She did not seek any medical (psychological or otherwise) attention and lost about $375 in wages.

On 10/6/12, two Bellingham officers entered Ms. Graham’s home without a warrant. When Ms. Graham began to openly video record the encounter and protest the officers’ actions, Defendants arrested her, using unreasonable force. She was charged with assault and battery with a dangerous weapon, and three misdemeanors. The criminal charges were dismissed. Ms. Graham’s cell phone video shows the officers arresting Ms. Graham and using unreasonable force. The case received local publicity. The case settled after an early mediation.

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.