Boston Injury Lawyer Blog

The Massachusetts wrongful death trial against a Lawrence cop and two State Police troopers over Alfonso Santana’s 2005 unexpected passing is scheduled to begin today. At issue, reports The Boston Globe, is whether Santana, 39, died from a police choke hold, cocaine intoxication, or another cause.

Santana was apprehended on October 19, 2005 by the three defendants, (former) Lawrence cop Mark Rivet, and Troopers Stephen R. Gondella and Mark F. Blanchard. The three men, who were watching a suspected drug house on Forest Street in Lawrence, had approached Santana, who had just parked his car, and asked for his ID. The officers say that they restrained Santana when they saw him put a white object in his mouth.

Court records report that police pepper-sprayed Santana and hit his face during a struggle that lasted for several minutes. For most of the altercation, Gondella’s arm was “around Santana’s neck.” Police were eventually able to retrieve what proved to be “a small amount of cocaine.”

After Santana was handcuffed, police realized that Santana did not have a pulse and was not breathing. He was pronounced dead at the hospital.

Autopsy results from the state medical examiner’s office determined that Santana died from “acute cocaine intoxication” from an “acute and chronic substance abuse.’’ However, a pathologist for Santana’s family says that the toxicology tests that the medical examiner ordered found no cocaine in Santana’s urine.

Former Massachusetts medical examiner Gerald A. Feigin has said that in over 6,000 autopsies, there was never a case where he found cocaine in the blood but none in the urine. He is wondering whether someone planted cocaine in Santana’s blood specimen. Feigin has also said that he thinks that Santana may have died because he was choked too hard and for too long.

Excessive Use of Force
Excessive use of police force—whether unintentional or not—has been known to cause serious injuries, including death. Massachusetts police brutality is a violation of one’s rights and can be grounds for a Boston injury lawsuit. Unfortunately, many people don’t realize that police cannot abuse their power by using excessive force and the victims fail to report such incidents.

Police sued over death in ’05 arrest, Boston.com, August 20, 2010

Read the Civil Action, US Courts, July 16, 2010 (PDF)

Related Web Resources:
Lawrence Police Department

Massachusetts State Police

The family of Joshua Messier intends to file a Massachusetts wrongful death complaint against the state now that the medical examiner’s officer has issued a homicide ruling. Messier died from blunt head impact and “compression of the chest” last May after he was restrained by guards at Bridgewater State Hospital.

The 23-year-old psychiatric patient was treated at the Brockton Hospital ER on May 4 for heart failure. There was dried blood in his hair and nostrils. He also had facial bruises and ligature marks on his body. The Plymouth District Attorney’s Office is investigating Messier’s death.

Meantime, the officers involve claim that after patient assaulted two cops, other officers helped restrain him. Messier then went into cardiac arrest. According to The Boston Globe, Massachusetts Correction Officers Federated Union Steve Kenneway is calling the incident a “clean use of force.” He says that that the examiner’s finding that Messier’s death was a homicide is just a legal term noting that another person was involved in the fatality.

Messier was diagnosed with paranoia and schizophrenia about six years ago after he injured his head during a golf accident. He had been at Bridgewater State Hospital, which is a correction facility, for over a month when he died.

Messier’s mom, Lisa, said she had been scared for her son while he was at Bridgewater. She wants criminal charges filed in his death. She is accusing the officers of Massachusetts police brutality, in addition to failing to help and protect a man who was clearly mentally disabled. Her family has hired a Boston wrongful death attorney.

Boston, Massachusetts Police Brutality
While most police officers are well intentioned when doing their jobs, there are cops that abuse their authority or get caught in the moment and end up using excessive force when trying to apprehend someone. Unfortunately, use of too much force can cause serious injuries and death. Police violence is a violation of one's civil rights, and you may be able to obtain Boston police brutality compensation for your injuries.

Patient’s death after scuffle is ruled homicide, Boston.com, March 10, 2010

Man restrained at Bridgewater dies, Boston Herald, May 7, 2010

Related Web Resources:
Bridgewater State Hospital, Mass.gov

Cops and the Mentally Ill, Newsweek, July 31, 2008

Robert F. Robinson and his son Mario have filed a federal lawsuit accusing two Attleboro police officers of Massachusetts police brutality. The Robinsons were arrested on July 12, 2007 in connection with a hit-and-run accident. The victim in the crash was the 13-year-old son of another cop, Detective Alex Aponte.

According to their Boston police brutality lawsuit, Detective Timothy Cook Sr. and Timothy Cook Jr., also a father and son, physically assaulted the Robinsons during the arrest. Robert Robinson was charged with leaving a crash site where personal injury is involved, aggravated assault and battery by means of a dangerous weapon, and negligent operation. Mario was charged with disorderly conduct and assault and battery on a police officer. The criminal charges against both of them were eventually dismissed.

In the Robinsons’ Boston police brutality complaint, which claims that their civil rights were violated, the plaintiffs say that Timothy Cook Jr. choked Mario and struck him on the face. Timothy Cook Sr. “menacingly” placed his weapon on a table, making Robert Robinson worry about his safety. Robert also claims that Cook Sr. shoved him against an elevator wall and made “derogatory” remarks in an attempt to spark a physical altercation.

The Robinsons are suing the city of Attleboro for its failure to properly train and supervise the cops—especially in cases involving victims that are the children of cops. They are seeking compensatory and punitive damages and other associated costs.

Police brutality can be grounds for a Massachusetts injury lawsuit. Examples of police violence include:

• Verbal abuse
• Intimidation
• Emotional abuse
• False arrest
• Sexual assault
• Unnecessary use of a Taser
• Unnecessary use of a gun
• Excessive use of physical force

Father, son claim excessive force was used, The Sun Chronicle, February 10, 2010

Related Web Resources:
Attleboro Police Department

Police Brutality, Human Rights Watch

An attorney for the family of Kenneth Howe says there will be a civil rights lawsuit filed over his death. The 45-year-old man died while in police custody after he was arrested at a North Andover sobriety checkpoint on November 26.

Howe was accused of striking one state trooper and trying to flee the scene. Police arrested him after a brief pursuit and he was charged with assault and battery on a police officer.

The family’s Massachusetts injury attorney says that Howe never attempted to resist arrest. According to the driver of the pickup truck that the Worcester man was riding in, the trooper pulled Howe from the vehicle and started yelling out that she had been assaulted. 10 – 20 cops then surrounded Howe, who afterwards was unable to stand up unassisted. Police picked him up and dragged him to a cruiser.

While in the booking room at Andover State Police Barracks, Howe became unconscious. He was transported to Lawrence General Hospital where he was declared dead.

Howe’s relatives have said that the “blunt force” injuries to the chest and head that killed Howe were a result of police beating him during his arrest. This week, the Chief Medical Examiner’s office ruled that the Worcester man’s death was a homicide, with “beating” as the cause of the victim’s fatal injuries. However, the medical examiner’s office was quick to point out that it is not assigning criminal wrongdoing or blame. Final forensic and autopsy findings are still pending.

Massachusetts Police Brutality
If you believe that your loved one sustained injuries or died while in police custody because a Massachusetts police officer used excessive force when apprehending, questioning, arresting, or interrogating him/her, you should not be afraid to report the incident. Police brutality is a violation of a person’s civil rights. Even if no wrongdoing is found on the part of an officer or a police department, you may have grounds for filing a Massachusetts police brutality complaint.

Medical Examiner: Death in cop custody a homicide, Boston Herald, January 23, 2010

Man Dies In State Police Custody After Arrest, WBZ, November 27, 2009

Related Web Resources:
Office of the Chief Medical Examiner's Office, Mass.gov

Massachusetts State Police

Continue reading "Massachusetts Police Brutality?: Death of Worcester Man While In Police Custody is Ruled a Homicide " »

Camille Campos is alleging police brutality in the Massachusetts wrongful death lawsuit she has filed against police officer Christopher Van Ness and the town of Yarmouth. The officer fatally shot Andre Luiz de Castro Martins following a high-speed police pursuit.

At the time, media reported that on July 27, 2008, Van Ness attempted to pull Martins, 25, over. A police pursuit ensued when Martins wouldn’t stop the vehicle.

Campos says her boyfriend, a Brazilian national, wanted to avoid arrest because he was in the US illegally. Police say that Martins had been at a bar and smoked pot before the car chase. The high-speed pursuit ended when Martin’s drove his vehicle onto a lawn.

According to the Cape and Islands District Attorney’s report, Van Ness got out of the vehicle and approached Martins, who then allegedly tried to hit the cop with his car. That’s when Van Ness shot Martins through the lung and heart. Van Ness has been cleared of any wrongdoing.

However, Campos and others in the Brazilian committee disagree with this finding.They say that Van Ness used excessive force when apprehending Martins. The police officer has also been accused of violating the Martin’s constitutional rights and depriving the victim's children with Campos of a father’s support and love. Campos says the experience caused her emotional trauma and physical signs of injury. She says the town of Yarmouth failed to properly train Van Ness to do his job.

Police are supposed to refrain from using excessive force when apprehending or arresting anyone. Per Lectlaw, they are only allowed to use the degree of force reasonably necessary to make an illegal arrest. Excessive use of force is a violation of one’s civil rights and can lead to Massachusetts personal injury or wrongful death.

Yarmouth police officer, town sued in fatal shooting, Cape Cod Times, November 5, 2009

Excessive Force, Lectlaw

Related Web Resources:
Police Brutality

Town of Yarmouth

Continue reading "Woman Files Massachusetts Wrongful Death Lawsuit Accusing Yarmouth Police Officer of Using Excessive Force to Apprehend Boyfriend" »

Former Boston Councilor David Scondras is suing Lawrence police for Massachusetts police brutality. Scondras, who was the city’s first openly gay city councilor, claims that Lawrence police beat him on October 9, 2006 when he arrived at a school parking lot to meet a man who he had been flirting with online.

The man, 20-year-old Michael Fornesi, pretended he was a 15-year-old during their Internet chats. Scondras, however, claims that he knew all along that Fornesi was a legal adult but that the two of them were playing out a fantasy.

In his Lawrence, Massachusetts police brutality lawsuit, Scondras says that during his arrest, police verbally abused him, threw him onto the ground, placed a gun to his head, and kicked him. He says he broke his tooth and that Sgt. Ryan Shafer allegedly called him an anti-gay name. Scondras claims that after the attack, the police wouldn’t take him to the hospital. Scondras’s attorney says that due to the encounter his client had brain swelling and he had to undergo surgery.

Scondras, in his Lawrence, Massachusetts personal injury complaint, admits that he tried to get away. He says this is because he thought police were going to physically assault him and he didn’t want to become the victim of what could be a “gay bashing" attack.

Fornesi and his father Officer John Fornesi, who was one of the arresting officers at the scene, are among the defendants in the Lawrence police brutality lawsuit. Schafer and Officer Eric Cerullo are also named.

In 2007, Scondras pleaded guilty to enticing a child under 16. He is now a registered sex offender.

Massachusetts Police Brutality
Physical assault, verbal abuse, emotional abuse, making threats, intimidation, and discrimination based on gender, race, or sexual preference are forms of police brutality that are illegal and can be grounds for a civil rights violation complaint against those involved.

David Scondras sues over arrest, October 5, 2009

Former Boston City Councilman, Convicted Pedophile, Now Claims Police Brutality, Edge Boston, October 6, 2009

Related Web Resources:
Lawrence Police Department

Massachusetts Police Brutality

A Boston Police Internal Affairs investigation is expected to heat up now that the man alleging Boston police brutality has been acquitted of assaulting his girlfriend.

Firefighter Wayne Abron claims that Boston cops David Santosuosso and Brian Dunford severely beat him when they arrived in his mother’s backyard while he and his then-girlfriend, Edwinna Wynn, were arguing loudly on March 23, 2008.

The two officers claimed that they had to pull Abron off Wynn. They say the then-41-year-old firefighter tried to hit them, which is why they called for backup.

Wynn has been adamant that Abron never touched her during their verbal altercation. She supports Abron’s allegations that the police officers attacked him. Wynn and three of Abron’s family members claim that the cops tackled him from behind and slammed his head against the ground.

Santosuosso and Dunford deny beating Abron, who was limp and bloodied when they brought him in. The police officers claim that the firefighter sustained his injuries earlier in the night during a fight with the father of Wynn’s child. Prosecutors, however, could not find evidence to support this claim. Wynn’s lawyer says that Wynn’s ex, who was not in town on the night of the beating, does not live in Massachusetts.

During his criminal trial, questions were raised as to whether the arresting cops organized a police cover-up of the beating. Abron sustained facial contusions and an eye-socket injury.

Boston cops and other Massachusetts police officers must never use excessive use of force, which is a form of police misconduct. Victims of police brutality can file a claim for Boston personal injury recovery.

Earlier this month, a 25-year-old Oxford, Massachusetts nursing assistant filed her Worcester County, Massachusetts police brutality lawsuit against the city and three of its officers, Chief Gary J. Gemme, Officer Mark Rojas, and Officer Kellen E. Smith. Katie Warren, who is 5’3 inches tall and weighs 120 pounds, claims that in September 2006, the two men approached her at a gas station and asked her why she wasn’t smiling. An argument ensued, and she says that as she tried to walk away, the cops grabbed her, twisted her arms behind her back, pulled her hair, slammed her head against a store window, threw her to the ground, verbally abused her, and took her into custody.

Warren says she sustained bruises from the arrest and received treatment at St. Vincent Hospital. She was later charged with disorderly conduct, resisting arrest, threatening to commit a crime, and disturbing the peace. The charges against Warren were later dismissed and she was put on probation for three months.

Beaten firefighter’s acquittal bolsters cover-up claim, Boston Herald, September 22, 2009

Woman files lawsuit against Officer Rojas, Telegram.com, September 21, 2009

Related Web Resources:
Boston Police Department

Boston Internal Affairs

In Massachusetts, a Taunton woman is suing the city of Taunton and police officer Robert Kramer for personal injuries she sustained from an alleged police brutality incident. In her federal lawsuit, Celine Kaye is seeking unspecified damages for broken ribs, facial fractures, and emotional trauma. She claims Officer Kramer violated her civil rights when he engaged in police brutality, and she is accusing the city of Taunton of neglecting to properly supervise him.

Kaye contends that on August 2007, while watching police officers arrest her daughter’s boyfriend, Kramer beat and kicked her after telling her to go back into her home. The attorney for the city of Taunton disputes Kaye’s claims, maintaining that Kramer is one of the city’s best police officers and that he did not use excessive force on the plaintiff.

Police Beatings
Police officers are never supposed to use excessive force when apprehending or detaining or interacting with anyone. This type of behavior is a violation of one’s civil rights and can be grounds for a personal injury claim or a civil rights violation lawsuit.

Unfortunately, police brutality continues to be a problem in the United States, with way too many suspects and innocent bystanders accusing police of excessive use of force. According to a December 2007 USAToday.com article, the number of incidents involving police violence reportedly grew following September 11, 2007. Prior to the World Trade Center attacks, police agencies began dropping standards to fill vacancies, and cost-cutting measures have also resulted in less training.

Unfortunately, police brutality cases can be extremely difficult to criminally prosecute. Juries tend to believe police officers and the credibility of many victims can be easily challenged. It is important however, to note that there are civil remedies available to you to allow you to obtain compensation from a negligent police officer or a Massachusetts city for the violation of your civil rights.

Woman sues city of Taunton, police detective, Boston Herald, March 23, 2009

Police brutality cases on rise since 9/11, USA Today, December 18, 2007

Related Web Resource:
Taunton Police Department

Top 5 Police Brutality Videos, Huffington Post

In Massachusetts, the mother of 16-year-old Anthony McGrath is suing the town of Plymouth, former police chief Robert Pomeroy, and officers Edwin Almeida and Richard Tavares for his wrongful death. McGrath was shot by Almeida and Tavares following a high-speed motor vehicle pursuit on January 10, 2006. The officers were following McGrath because he was a suspect in a liquor store break-in. They fired 11 shots, and the teenager was struck by two of them.

Now, Denise McGrath is seeking unspecified monetary damages for police brutality. Her complaint cites unreasonable and deadly force without legal cause and contends that the two cops were not in any danger when they started shooting at McGrath.

Although Almeida and Tavares were responding to a possible break-in, one did not actually take place. McGrath, however, did not stop his vehicle when he saw that police were pursuing him, even after he drove into a wall.

Denise alleges that one of the fatal bullets struck McGrath in the back after his vehicle had driven past the police officers. By this time, they had left their police cars and were pursuing him on foot. She says her son was afraid of the police officers and was trying to return to his house, which was nearby. Denise says that Tavares and Almeida knew that the teenager was unarmed when they started firing at him.

She is seeking punitive and compensatory damages for McGrath’s wrongful death, including recovery for loss of future wages, protection, service, assistance, care, comfort, companionship, counsel, guidance, society, and advice. Her Massachusetts wrongful death lawsuit also contends that Pomeroy, who is now retired, did not train police officers in how to properly conduct police pursuits, protect people’s civil rights, apprehend suspects, fire weapons, and use deadly force.

An investigation into the incident cleared both Tavares and Almeida of any wrongdoing.

Police Brutality
Excessive use of force by any Massachusetts police officer is a violation of a person’s civil rights and can be grounds for a personal injury or wrongful death lawsuit.

Mom of teen shot by Plymouth police sues, Boston Herald, January 7, 2009

Teen’s mother sues police, town for son’s death, WickedLocal.com, January 6, 2009

Related Web Resources:
Police brutality cases on rise since 9/11, USA Today, December 18, 2007

Top 5 Police Brutality Videos, The Huffington Post, January 8, 2009

A group of Massachusetts teenagers that say Nantucket police officers applied “excessive force” when arresting them without probable cause have filed a federal lawsuit. Troy Sullivan, Nicholas Phillips, David Loveberry, Adeane Watty, and Terrance Johnson, ages 13 to 18 and all African-American, say they were riding their bikes on August 8, 2007 at around 10:30 at night in Nantucket when Police Officer Taylor Noll told them to “move to the other side of the street.”

The teenagers say that they asked why the police officer did not ask the Caucasian tourists and workers that were there to move also. Noll then requested police backup and all the police officers that were on the island responded. A number of them reportedly chased the teenagers, with one cop ordering the boys to get on the ground. Officers Michael Nee, Richard Aprea, and Briand Ketcham then jumped on three of them and forced them onto the ground.

13-year-old Terrence Johnson’s shoulder became separated during the incident. Troy Sullivan fell of his bike after Officer Nee hit him with his police car. In front of a crowd, the five teenagers were restrained, frisked, and according to the plaintiffs’ lawyers, illegally arrested.

Nantucket Police Chief William Pittman, who has said the police men used excessive force, has ordered a full probe into the incident. None of the officers involved were disciplined.

Police Brutality Statistics
According to the Department of Justice, incidents involving excessive use of force and other tactics by law enforcement officers have increased by 25% between 2001 and 2007. Federal records indicate that most reported incidents do not lead to anyone being prosecuted for police brutality.

Injuries caused by police brutality can be grounds for a personal injury lawsuit.

Five black teens sue Nantucket police, Boston.com, August 30, 2008

Police brutality cases on rise since 9/11, USAToday.com, July 18, 2007

Related Web Resource:
Police Brutality and Accountability in the United States, HRW.org

In Massachusetts, Fall River resident Alyssa Bolduc, is suing Massachusetts State Trooper Allyson Powell for compensatory damages over a strip search that took place during a traffic stop in Dartmouth in March 2007.

Bolduc, 18, says that she and three friends were pulled over because of an unlit headlight. Bolduc says that she had unbuttoned the top button on her pants because she and her friends had just finished eating at the Dartmouth Wendy’s and she was full from her meal.

Although the police stop was for the headlight, Bolduc says that the police officers asked her and her friends if they had drugs or any prior criminal offenses.

Police noticed her unbuttoned pants and requested a female police officer to do a strip search. Bolduc says she was forced to stand naked from her waist down to her ankles in front of her friends and motorists—she says police told her to take under underwear off too. Officer Powell, wearing leather gloves, then allegedly conducted an “internal and manual body cavity search” of the teenager’s genitals. The teenager was not given a ticket or arrested following the search.

However, two of companions received traffic tickets. Christine Moniz was issued a $35 ticket for driving without a license, and Ryan O’Connell was issued a $35 ticket for letting someone without a driver’s license drive the car.

Massachusetts’s police strip search policy says that searches must be conducted in a police department facility unless circumstances necessitate otherwise and always in an area of complete privacy, away from public view. Police strip searches must also involve no touching.

Bolduc filed a formal complaint the day after the March 7, 2007 incident. An internal affairs report found evidence that Officer Powell violated police policies. The Massachusetts State Police Division of Standards and Training is disciplining her.

Lawsuit filed against Mass State Trooper, Herald News, April 30, 2008

Related Web Resource:

New England: Massachusetts: Strip-Search Settlement, New York Times, June 1, 2002

Related Web Resources:

Constitution of the Commonwealth of Massachusetts

Massachusetts Police Brutality

Singer Trey Songz says he is thinking of filing a personal injury lawsuit against Springfield police officers because of his recent arrest at a club in Massachusetts.

The R & B singer was arrested on November 3 after his concert at the Hippodrome. Following his performance, a shooting took place outside the club’s parking lot. Songz was not involved in the shooting but he was arrested with two other members of his entourage.

Songz says police closed down the parking lot and prevented him and his entourage from leaving after gunshots were fired. He says police insisted on searching all of them and that they used excessive force to bring down his bodyguard. He claims that seven police officers assaulted his bodyguard and struck him with a nightstick, leaving bruises on his face and causing his arm to fall “out of place.”

Songz also claims that the police officers made crude and racists jokes and comments that they directed at Songz and his entourage. He says four police officers tackled him and assaulted him by kneeing his throat and kicking him in the ribs.

Springfield police deny the accusations and say that the officers acted appropriately and were responding to the verbally and physically abusive actions of Songz and his entourage.

Police Brutality
Even though law enforcement officers are supposed to serve and protect people, there are police officers who abuse their position of authority and power and engage in unjustified shootings, deadly chokings, severe beatings, verbal abuse, sexual assault, and other unnecessary and illegal violent behavior, including making false arrests, unnecessary use of a TASER gun or nightstick, fabricating/planting evidence, speeding in a police cruiser unnecessarily while chasing a suspect, and illegal killings.

Boston, Massachusetts is one of a number of U.S. cities where the Human Rights Watch has documented incidents of police misconduct. There are thousands of cases of police brutality that occur—many of these cases go unreported.

Police Brutality, HRW.org

Trey Songz Responds To Arrest, Contemplates Lawsuit, Soundslam.com, November 9, 2007

Related Web Resources:

Trey Songz

Trey Songz to Cops: Don't You Know Who I Am?, TMZ, November 5, 2007

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