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Posted by: Nightstalker

Man settles police lawsuit for $250,000

http://telegram.com/apps/pbcs.dll/ar...610260730/1101

WORCESTER- The city and a Boston man who accused city police of beating him and rupturing his bladder while he was in custody have settled a civil rights suit for $250,000.

Charles A. Evangelista filed the civil rights lawsuit in U.S. District Court in Boston last year, naming Officers Shane M. Marcotte, Jason E. Fanion, Daniel Fallon III, Jonathan M. Cotter, Sgt. Carl J. Supernor and then-Sgt. James J. Johnson, as well as the city. James J. Johnson is now a lieutenant.

In his suit, Mr. Evangelista accused police of erasing a videotape of the alleged beating in the booking area and a hallway leading to cells in the basement of Worcester police headquarters in 2003.

"We looked at the case; we weighed all the relevant factors and believe it was in the best interest of the city, including financially, to settle the case," said city solicitor David M. Moore of the settlement.

The settlement occurred after mediation with federal Magistrate Judge Timothy S. Hillman Oct. 2, said Mr. Moore and John T. Landry III, lawyer for Mr. Evangelista.

The city has some internal work to finish before the settlement is complete and paid for through city funds, Mr. Moore said. He would not say specify what those finishing steps entail.

Mr. Evangelista is pleased with the settlement and feels vindicated, his lawyer said.

"This was a troubling case on a lot of fronts," Mr. Landry said. "We believe the full incident was captured on videotape."

The suit filed alleged excessive force, assault, battery, failure to intervene and/or report misconduct and failure to supervise and/or discipline.

When called by a reporter last year about the suit, an assistant city solicitor denied the allegations, saying Mr. Evangelista provoked Officer Marcotte, and that any force used by the officer "was reasonable under all the circumstances."

The allegations stem from events following Mr. Evangelista's arrest March 16, 2003, on a charge of being a disorderly person. He was taken to the police holding cell, where, according to the suit, Officers Fallon and Cotter knocked his legs out from underneath him.

Officers allegedly made derogatory remarks about Mr. Evangelista and dragged him out of the booking room and into a hallway, according to the suit.

"Defendant Marcotte, without provocation or justification, struck the plaintiff Evangelista in the abdomen with a shod foot with force so great that it caused the plaintiff Evangelista's bladder to rupture," according to the suit.

The plaintiff claimed then-Sgt. Johnson, who was in command of the booking area, and Officers Fanion, Cotter and Fallon all witnessed the incident.

The suit further claimed Sgt. Johnson called and spoke to the operator of the videotape and later to the operator's supervisor, Sgt. Supernor, about the videotape of the alleged incident. Mr. Landry claimed the Police Department erased the tape.

"The videotape was destroyed that night," Mr. Landry said yesterday. "The city denied it was done nefariously."

Mr. Moore would not comment on the statement. At the time the suit was filed, city officials denied that police had erased the tape.

Mr. Evangelista allegedly asked for help after urinating blood in his cell toilet, but no assistance was given. Around midnight March 17, the Boston man posted bail and went to a city hospital where he underwent emergency surgery for the ruptured bladder, the suit said.

Mr. Landry said the officers were not disciplined internally. He said a panel of private citizens and police officers should review complaints made against officers.

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Posted by: 94c

May the next ambulance you chase, stop short.

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