RJA Obtains Dismissal Of Assault, Battery And Emotional Distress Claims Against Lawrence Police Sergeant On First Day Of Trial

An attorney often is required to persuade a judge or a jury on a particular issue.  More rarely achieved, but no less important, is an attorney’s ability to persuade an opposing counsel to concede.

RJA was retained to represent a sergeant with the Lawrence Police Department with regard to claims made by a plaintiff who alleged that she was assaulted and battered, resulting in a fractured arm, during the course of her arrest in Lawrence.  Reviewing carefully all of the material that had been gathered at the time that RJA became involved in the case, RJA brought a claim against the plaintiff herself, alleging that her claims were without merit and brought in bad faith.  If successful, the plaintiff would have been on the hook to pay the legal fees and costs associated with the sergeant having to defend himself against the plaintiff’s allegations.

On May 12, 2014, the parties appeared in Lawrence Superior Court ready to begin a week-long jury trial.  Prior to jury selection, the plaintiff agreed to dismiss all of her claims against RJA’s client, wishing to proceed only against other defendants not represented by RJA.  As a result, the Lawrence sergeant obtained a dismissal of all the claims against him, for no compensation to the plaintiff, and received a clearing of his name from the plaintiff’s allegations.

RESULT:  Dismissal of all claims against RJA’s client.

RJA Counsel:  Andrew J. Gambaccini