In August, 2024, the plaintiff was arrested by members of the Athol Police Department. Over the course of the next several days, there were additional interactions between that plaintiff and members of the Athol Police Department, events that featured the search of a vehicle that the plaintiff had been operating and another arrest of the plaintiff. The plaintiff brought a federal civil rights lawsuit, alleging that he had been arrested twice without probable cause and, during the course of one of the arrests, he was the victim of unreasonable force when his arms were manipulated in the course of handcuffing and when an electronic control weapon was used. Two family members joined in the lawsuit, claiming that they also were aggrieved by the series of events.
A total of eight Athol police officers were represented by RJA Attorney Andy Gambaccini. A motion to dismiss was filed, arguing that the existence of a pending state prosecution of the principal plaintiff precluded him from bringing a civil cause of action based upon abstention principles. The motion further argued that the family members of the principal plaintiff had no standing for their own claims.
The federal court agreed with the abstention and standing arguments, dismissing all claims against the officers and entering final judgment in their favor.
