RJA successfully represents Worcester police officer in lengthy civil rights case
Two individuals who were arrested by police officers in a large city brought a civil rights action against a number of officers, alleging false arrest and excessive force. One of the officers sued was represented by RJA. After a procedurally tortured history in federal court, a federal judge dismissed the action on procedural grounds. The plaintiffs appealed that decision and the First Circuit concluded that the plaintiffs should have been allowed to conduct discovery before their claims were dismissed. After discovery, renewed motions to dismiss were filed and the federal court again agreed with the officers and dismissed the actions.
Relying on a state statute that authorizes the filing of a new lawsuit in certain situations, the plaintiffs filed a second action in federal court. After discovery, RJA was able to convince the plaintiffs’ attorney, based upon the facts and the law, to dismiss the officer represented by RJA from the case. As to the claims against the officers not represented by RJA, the case proceeded to trial and resulted in a jury verdict for the plaintiffs.
RESULT: An agreed upon dismissal of the officer represented by RJA.
COURTS: Federal District Court in Worcester and the First Circuit Court of Appeals
RJA Counsel: Andrew J. Gambaccini